Deemed
Deem in law means to consider, judge, or condemn. It is also used to treat something as if it were something else or has qualities that it does not have.: 477
"Deem" has been traditionally considered to be useful 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. According to Black's Law Dictionary, all other uses of the word should be avoided. In phrases
such as “if he deems fit”, “as he deems necessary”, or “nothing in this Act shall be deemed to...”, "thinks" or "considers" are preferable in the first two examples, and "construed" or "interpreted" are preferable in the third example.: 478
Although using "deem" to mean "to treat as" can be counter-factual, it is not necessarily so. When acts are "deemed" by statute to be a crime of a certain nature, they are such crime, not merely a semblance, approximation, or designation of the offense.
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