Definition of John Doe (John D.) as a form of "legal fiction:"
A legal fiction can be used when the name of a "person" is not known by using the fictional name "JOHN DOE". This is understood by all and needs little explanation. If you have no way to identify someone, then the legal fiction JOHN DOE or JANE DOE is used to describe an unknown name until the proper name can be identified.
In all cases, a legal fiction is an assumption of purported fact without having shown the fact to be true or valid. It's an acceptance with no proof. Simply, to assume is to pretend.
Oran's Dictionary of the Law says that the word assume means:
1. To take up or take responsibility for; to receive; to undertake. See assumption.
2. To pretend.
3. To accept without proof.
These same basic definitions are used by nearly all of the modern law dictionaries. It should be noted that there is a difference between the meanings of the second and third definitions with that of the first. Pretending and accepting without proof are of the same understanding and meaning. However, to take responsibility for and receive, or assumption, does not have the same meaning.
