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Deems Legal Definition

In the Middle Ages, Demen was a fateful word. Closely related to the fall, this precursor of deem meant “to act as a judge” or “to condemn, condemn or decree”. These meanings have passed on to themselves, but we have not spoken of “legal condemnation” since the beginning of the 17th century. Although the term “opinion” is still widely used in contexts concerning the law, today it means “judge” only in a broader sense of “deciding after investigation and deliberation (something specified), as in “the act was considered illegal” or “the defendant is suspected of having accepted the contract”. Outside of the law, usually simply send “consider”. Some customary commentators consider them presumptuous, but their use is well established in literary and journalistic contexts. We think that is perfectly acceptable. “Where involuntary liquidation proceedings have been initiated, the court has jurisdiction to include: Issue orders to involve new parties that the court deems appropriate for the resolution of all questions and questions.” Cal. Corp. Code § 1806. In The Queen (R) v Norfolk County, an 1891 case, Justice Cave wrote a decision that included a classic excerpt from legal language: Deem has traditionally been considered a useful word when it is necessary to establish a legal fiction either positively by “looking” at something like what it is not, or negatively by “looking” at something.

it is not what it is. All other uses of the word should be avoided. Expressions such as “if he considers it appropriate”, “as he considers necessary” or “nothing in this Act shall be deemed to be. must be challenged as unnecessary deviations from the general wording. “Thinks” or “considers” are preferable in the first two examples and “constructs” or “interpreted” in the third example. [1]:478 From these few examples, it is clear that “judging” can mean different things. In the first example, “to judge” means “to determine” or “to judge”, as in “as the court determines [the judges] who are appropriate for the decision”. In the second example, “devoter” is used to mean “treat as” without implying that the situation is necessarily counterfactual. The third use of “deem” is counterfactual – the definition of “reorganization” (as defined in section 181) does not include conversion. As the Court of Appeals for the Second Circuit once wrote, “Something that is considered something else does not become something else.” Chao v. Russell P. Le Frois Builder, Inc., 291 F.3d 219, 229 (2d Cir.

2002). The verb to become, or its derivatives, can be used in legal definitions to extend the designation of the defined term to things that it would not designate in everyday language. This is often a practical device for reducing the wording of a staging. But that the word can be used in this way and for this purpose does not mean that every time it is used, it has this effect. Because to found simply means to judge something or come to a conclusion. “Words look and apply when used in a law, so simply indicate the effect of the meaning that a thing or thing has – the way it is to be judged. It doesn`t need to import artificiality or fiction. It may simply be the statement of an indisputable conclusion, as if it were to be said, for example, that by reaching the age of twenty-one, a man is considered to be of legal age and no longer an infant. “Applies (means) nothing less than assessed or conclusively considered for the purposes of the legislation.” Theme Musical by Joshua Stamper 2006©New Jerusalem Music/ASCAP “A conversion pursuant to Chapter 11.5 (beginning with Section 1150) shall be considered a reorganization for the purposes of enforcing the provisions of this Chapter in accordance with and to the extent provided for in Section 1159.” Cal. Corp. Code § 1313. usually imply an element of finality, but this meaning is not inflexible or immutable.

In some cases, these words or words of identical meaning are interpreted as giving rise to a conclusive presumption. “Precedents that interpret the word `deemed` are accepted when it comes to deciding that whether the word should be considered conclusive so that it is conclusively presumed depends on the context in which it is used in a document, statute or regulation. “The word devoyer is derived from the fall. Originally, interpreting meant talking about judgment, as in the end of the world or dome. A fact considered irrefutable is not irrefutable, but merely a rebuttable presumption; will hold until proven otherwise: the legislator likes to think about things, but what does he really intend to do when he does? Consider the following examples: Visualizing means looking at something as something with certain characteristics. If an act is considered a crime by law, it is considered a crime. If someone is held liable for the damage, they have to pay for it. “Reputed is commonly used to create a legal fiction that serves to extend the meaning of a term to an object it does not properly designate. If it is used in this sense, it becomes very important to take into account the purpose for which legal fiction is introduced.

The word “deem” is derived from the old English word “domas”, which meant judgment or law. Shakespeare used “deem” in this sense in Troilus and Cressida: “I am true! like now! What kind of bad faith is this? In fact, the oldest known text written in English is the laws or “domas” of Aethelberht, who reigned as king of Kent from 560 to 616 AD. Modern words derived from “domas” also include “kingdom,” “fall,” and “end of the world.” When someone encounters her fall, she literally makes her judgment and the Day of Judgment is the end of the world. The word has the meaning of something that is posed. Old Norse “lagu” also had this meaning and it is from “lagu” that the modern word “law” derives. “Legislating”, which seems to be able to refer to “law”, has a very different and non-Germanic source. Its roots are the Latin words “lex”, which means “law”, and “latio”, which means “to bring”. “Legislate” entered into English via French. “There is no assumption, let alone a rule, that the word that appears in a law shows fiction or an anomaly in terminology.

Sometimes this is the case. Often, this is not the case. In Article 10 of the Treaty of Taipei, residents of Taiwan and Penghu are considered to be nationals of the Republic of China. On May 27, 1952, Wajima Eiji [yes], head of japan`s Bureau of Asian Affairs [yes] and one of the participants in the negotiations on the drafting of the treaty, told the Japanese city hall that the purpose of Article 10 was to facilitate the movement of residents to other countries. Wajima further explained that because the future ownership of the territorial sovereignty of Taiwan and Penghu is unclear, the nationalities of the residents would become unclear once they lost Japanese nationalities, as both territories would be abandoned by Japan, causing their inconvenience when traveling to other countries. Therefore, according to Wajima, the article makes residents of Taiwan and Penghu nationals of the Republic of China[2] and the purpose of the article is not to define who are the nationals of the Republic of China. [3] Deem`s law is used to treat something as if it were really something else or if it had properties it doesn`t have. [1]:477 Hold; consider; price; believe; condemn; determine; treat as if; build. Powered by Black`s Law Dictionary, Free 2nd ed. and The Law Dictionary. Hold; consider; price; condemn. Cory vs Spencer, 67 Km.

048, 73 Pac.920, 63 L. R. A. 275; Blaufus gegen Menschen, 69 N. Y. Ill, 25 h. 148th republic; U. S. v. Doher- ty(D. C.) 27 Fed. 730; Leonard v.

Grant (C.C.) 5 Fed. 11. If certain acts are “considered” by law to be a crime of a particular nature, it is such a crime that does not give the appearance or a mere imaginative approach or designation of the offense.Com v. Pratt, 132 Mass. 247. In the village of St. Leon, Justice Shultz of the Manitoba Court of Appeal wrote: Related Terms: Legal Fiction, Presumption of Fact, Rebuttable Presumption “Service in this manner is deemed to have been entered into on the 10th day after the proceedings are presented to the Secretary of State.” Cal. Corp. Code § 1702(a). In Marsh v. Canada, Beaubien J. of the Tax Court of Canada had to define the term as used in the Employment Insurance Order: “Deconsamine (means) of issuing or pronouncing a judgment; to act as a judge, to sit in the judgment; to render its decision, judgment or opinion; to arbitrate.

“10(1). If a person`s earnings are not paid on an hourly basis, but the employer proves the number of hours that the person actually worked during the period of employment and for which the person was paid, the person is deemed to have worked that number of hours in employment subject to compulsory insurance. In an Australian case before the High Court of Australia (Hunter Douglas), Judge William John Victor Windeyer adopted these words: “The word deemed is likely to be refuted presumed to mean suspected, that is, presumed until proven otherwise. 1 For example, in matters of child support, a decision of a foreign court for the purposes of enforcement could be regarded as a decision of the court of another court.

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