Legal Definitions - deem

Deem

In legal terms, to deem something means to officially consider or treat it as if it were true, or as if it possessed certain qualities, even if the literal facts might be different. This often creates a "legal fiction," establishing a specific status or characteristic by declaration for the purpose of applying particular laws, rules, or consequences.

• Example 1: Contractual Agreements

  A software licensing agreement might state, "Any use of the software beyond the trial period shall be deemed acceptance of the full license terms."

  Explanation: In this situation, the act of continuing to use the software is legally treated as if the user explicitly agreed to the license terms, even if they never clicked an "I Agree" button. This provision establishes a clear point at which the contractual obligations begin.

• Example 2: Property Law

  A local ordinance might declare, "Any structure left vacant and unsecured for more than 180 days shall be deemed an abandoned property."

  Explanation: Here, the ordinance assigns the legal status of "abandoned property" based on specific conditions (vacant and unsecured for a set period), regardless of the owner's actual intent. This allows the municipality to take specific actions, such as securing or demolishing the property, under the laws pertaining to abandoned structures.

• Example 3: Immigration Regulations

  An immigration law might state, "A person who has resided continuously in the country for five years shall be deemed to have established permanent residency for the purpose of applying for citizenship, even if their initial visa has expired."

  Explanation: This regulation creates a legal presumption of permanent residency based on the duration of continuous stay, even if the individual's formal visa status might technically be lapsed. This allows them to proceed with the citizenship application process, treating their long-term presence as equivalent to formal permanent residency.