Feigned Issue: A Comprehensive Guide to Its Legal Implications

Definition & Meaning

A feigned issue is a legal term that describes a situation in which a supposed dispute is created between two parties, specifically for the purpose of having a jury resolve a factual question. This type of issue is not based on a genuine conflict but is instead constructed to facilitate the trial of a particular matter that is essential to the overall case being considered in equity. Essentially, it allows parties to present a question of fact in a legal setting, even though the underlying action may not be real.

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Real-world examples

Here are a couple of examples of abatement:

(Hypothetical example) Imagine two business partners who have a disagreement about the terms of their partnership agreement. Instead of addressing the issue directly, they create a feigned issue about a fictitious wager related to their business profits. They present this issue to a jury to clarify the factual question of how profits should be distributed, which is essential for resolving their actual partnership dispute.

What to do if this term applies to you

If you find yourself needing to create a feigned issue for your case, consider consulting with a legal professional to ensure that it is done correctly. You can also explore US Legal Forms for templates that may help you navigate the legal processes involved. If your situation is complex, obtaining professional legal assistance is advisable to avoid potential pitfalls.

Key takeaways

Frequently asked questions

The purpose is to resolve a factual question essential to a legal case, even if the underlying dispute is not genuine.