Also known as: simulations · simulated · simulate · simulating · sham · feigned act · simulated contract
Written by attorneys · grounded in primary & secondary sources — see below
A feigned or pretended act or instrument created to mislead others or achieve a collateral purpose rather than the apparent legal effect.
Scott Summers signed a document labeled his last will leaving his business to his romantic partner. Text messages later showed he executed the paper only to secure a long-term service agreement from the partner. The court admitted the messages and refused probate because the document served a non-testamentary purpose.
Sean Steele and Sophia Singh signed a marriage license and held a ceremony. They had previously written a contract stating they would never live together or share finances and would end the arrangement after thirty days. The court held the marriage invalid because the collateral agreement contradicted the obligations of a genuine marital relationship.
Select any source to read its text and confirm it supports the definition.
Sylvia Santos created a video that copied the visual style of a popular film to test whether viewers would notice the differences. When sued for infringement, she argued the simulation was not commercial use. The court applied fair-use factors and found the simulation weighed against fair use because it substituted for the original.
Sierra Santos alleged that police fabricated a confession transcript to obtain her conviction. She claimed the simulated document violated fundamental fairness. The court examined whether the fabrication shocked the conscience and denied relief because the transcript had not been introduced at trial.
Summit Bank produced training videos that simulated violent acts to prepare employees for robbery scenarios. Prosecutors charged the bank under a statute banning depictions of animal cruelty. The court struck down the statute as overbroad because the simulated content did not involve actual harm.
Silverline Industries funded advertisements that simulated grassroots support for a candidate. Regulators claimed the funding violated contribution limits. The court upheld the limits on the ground that the simulated messages were coordinated expenditures subject to disclosure rules.
A writing that appears to be a will raises only a rebuttable presumption of testamentary intent. Extrinsic evidence such as text messages or emails may be admitted to show the document was executed for a collateral purpose such as securing a contract. If the evidence establishes the lack of intent that the instrument operate at death, the document is denied probate.
Some courts uphold the marriage if the parties satisfied all procedural requirements and possessed capacity. Other courts invalidate the marriage when the parties executed a collateral agreement disclaiming core marital obligations such as cohabitation and mutual support. An agreement that directly negates those obligations is unenforceable as contrary to public policy.
Extrinsic evidence is admissible to rebut the presumption created by the document's form and recitals. Statements by the maker that the document was created only as leverage or for another non-testamentary purpose can defeat probate when credited by the fact-finder.
…good. We cannot say that the State has acted without reason nor ought we to proceed upon the theory that its action is a mere sham. Our duty, I submit, is to sustain the statute as not being in conflict with the Federal Constitution, for the reason — and such is an all sufficient reason — it is not shown to be plainly…