# Lawsuits against fictitious defendents

**URL:** <https://boards.straightdope.com/t/lawsuits-against-fictitious-defendents/807980>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [February 1, 2018, 8:34pm UTC](https://boards.straightdope.com/t/lawsuits-against-fictitious-defendents/807980 "2018-02-01T20:34:37Z")\
**Posts on this page:** 7\
**Page:** 1

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**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\
**Post date:** [February 1, 2018, 8:34pm UTC](https://boards.straightdope.com/t/lawsuits-against-fictitious-defendents/807980/1 "2018-02-01T20:34:37Z")

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Who’da thunk?

From Volokh: [Arizona Bar Accuses Libel Lawyers of Suing Fake Defendants](https://reason.com/volokh/2018/01/29/arizona-bar-accuses-lawyers-of-suing-fak)

Basic gist of the idea is that you want to get a legal judgment in favor of your position on some legal/factual matter without having to actually prevail in a genuine legal battle. So you sue fictitious people, and submit to the court an agreement from the “defendants” that you’re right. Seeing no dispute, the court puts its legal imprimatur on your position, which you then turn around and use to intimidate real people. (Case on hand is libel, but I can see this having broader application.)

Weird.

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [February 1, 2018, 10:01pm UTC](https://boards.straightdope.com/t/lawsuits-against-fictitious-defendents/807980/2 "2018-02-01T22:01:13Z")

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As the article pointed out, this is illegal. So I don’t see any point in getting too outraged over it. As far as crimes go, I wouldn’t rank this up there with murder or rape.

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**Author:** ![Fotheringay-Phipps](https://avatars.discourse-cdn.com/v4/letter/f/d9b06d/32.png) [@Fotheringay-Phipps](https://boards.straightdope.com/u/Fotheringay-Phipps)\
**Post date:** [February 1, 2018, 10:02pm UTC](https://boards.straightdope.com/t/lawsuits-against-fictitious-defendents/807980/3 "2018-02-01T22:02:57Z")

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> [@Little\_Nemo](#):
>
> As the article pointed out, this is illegal. So I don’t see any point in getting too outraged over it. As far as crimes go, I wouldn’t rank this up there with murder or rape.

So I guess you agree that this thread is in the proper forum …

ETA: on further reflection, I wonder if this same game could be played legally, with real but complicit “defendant”.

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**Author:** ![buddha\_david](https://avatars.discourse-cdn.com/v4/letter/b/ee7513/32.png) [@buddha\_david](https://boards.straightdope.com/u/buddha_david)\
**Post date:** [February 1, 2018, 10:44pm UTC](https://boards.straightdope.com/t/lawsuits-against-fictitious-defendents/807980/4 "2018-02-01T22:44:53Z")

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Probably urban legend, but I’ve heard of cases where lawyers will sue God, for things like raining on a picnic. They always win by default because the defendant (God) fails to show up to defend himself. Not sure if they manage to collect, though…

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**Author:** ![Peter\_Morris](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/peter_morris/32/359_2.png) [@Peter\_Morris](https://boards.straightdope.com/u/Peter_Morris)\
**Post date:** [February 2, 2018, 12:50am UTC](https://boards.straightdope.com/t/lawsuits-against-fictitious-defendents/807980/5 "2018-02-02T00:50:15Z")

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Of course God shows up for trial. He’s omnipresent.

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**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\
**Post date:** [February 2, 2018, 2:35pm UTC](https://boards.straightdope.com/t/lawsuits-against-fictitious-defendents/807980/6 "2018-02-02T14:35:21Z")

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> [@Peter\_Morris](#):
>
> Of course God shows up for trial. He’s omnipresent.

He never seems to be able to get a lawyer though.

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**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [February 2, 2018, 3:34pm UTC](https://boards.straightdope.com/t/lawsuits-against-fictitious-defendents/807980/7 "2018-02-02T15:34:42Z")

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> [@k9bfriender](#):
>
> He never seems to be able to get a lawyer though.

You’d think at least one of them would’ve made it up there, but go figure.
