Deem (law)

This article is about the legal term. For the surname, see Deem.

Deem in law is used to treat something as if it were really something else or it has qualities it does not have.[1]:477

Deem has been traditionally considered to be a useful word when it is necessary to establish a legal fiction either positively by "deeming" something to be what it is not or negatively by "deeming" something not to be what it is. All other uses of the word should be avoided. Phrases like “if he deems fit”, “as he deems necessary”, or “nothing in this Act shall be deemed to...” are objectionable as unnecessary deviations from common language. "Thinks" or "considers" are preferable in the first two examples and "construed" or "interpreted" in the third.[1]:478

See also

References

  1. 1 2 Bryan A. Garner (2009). Black's Law Dictionary, Standard Ninth Edition. Eagan, Minnesota: West. ISBN 0314199497.
This article is issued from Wikipedia - version of the 9/25/2016. The text is available under the Creative Commons Attribution/Share Alike but additional terms may apply for the media files.