de facto

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Related to De facto standard: De jure standard

De Facto

[Latin, In fact.] In fact, in deed, actually.

This phrase is used to characterize an officer, a government, a past action, or a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate. Thus, an office, position, or status existing under a claim or color of right, such as a de facto corporation. In this sense it is the contrary of de jure, which means rightful, legitimate, just, or constitutional. Thus, an officer, king, or government de facto is one that is in actual possession of the office or supreme power, but by usurpation, or without lawful title; while an officer, king, or governor de jure is one who has just claim and rightful title to the office or power, but has never had plenary possession of it, or is not in actual possession. A wife de facto is one whose marriage is Voidable by decree, as distinguished from a wife de jure, or lawful wife. But the term is also frequently used independently of any distinction from de jure; thus a blockade de facto is a blockade that is actually maintained, as distinguished from a mere paper blockade.

A de facto corporation is one that has been given legal status despite the fact that it has not complied with all the statutory formalities required for corporate existence. Only the state may challenge the validity of the existence of a de facto corporation.

De facto Segregation is the separation of members of different races by various social and economic factors, not by virtue of any government action or statute.

de facto

adj. Latin for "in fact." Often used in place of "actual" to show that the court will treat as a fact authority being exercised or an entity acting as if it had authority, even though the legal requirements have not been met. (See: de facto corporation, de jure)

de facto

adjective absolutely, actual, actually, as a matter of fact, authentic, bona fide, certain, demonstrable, existent, existing, existing in fact, factual, genuine, in existence, in fact, in point of fact, in reality, positively, real, substantive, tangible, true, truly, unquestionable, valid, veritable, well-founded, well-grounded, with validity
Associated concepts: de facto administrator, de facto admissions, de facto apprenticeship, de facto appropriation, de facto authority, de facto board, de facto board of directors, de facto contract, de facto contract of sale, de facto corpooation, de facto court, de facto director, de facto dissolution, de facto districts, de facto domicile, de facto government, de facto guardian, de facto judge, de facto officer, de facto trust, de facto trustee
See also: actual, bodily, material, physical

DE FACTO, i. e. in deed. A term used to denote a thing actually done; a president of the United States de facto is one in the exercise of the executive power, and is distinguished from one, who being legally entitled to such power is ejected from it; the latter would be a president de jure. An officer de facto is frequently considered as an officer de jure, and his official acts are of equal validity. 10 S. & R. 250; 4 Binn. R. 371; 11 S. & R. 411, 414; Coxe, 318; 9 Mass. 231; 10 Mass. 290; 15 Mass. 180; 5 Pick. 487.

References in periodicals archive ?
Broadly, there are two types of standards: 1) de jure or legal standards -- those officially issued by governments or standards bodies and 2) de facto standards -- those not issued by such bodies but nevertheless considered valid standards because they have been widely adopted by a community of users.
There's a natural evolution here, in that Circadiant has become the de facto standard for 10 GE physical layer compliance testing and has now teamed up with the industry's leading Ethernet standards verification lab," said My Chung, Circadiant CEO.
Sifang Rolling Stock Research Institute is a driving force in making LonWorks technology the de facto standard for rail transportation in China and we are pleased to have such an experienced partner," said Ken Oshman, Echelon's chairman and CEO.
Both the properly steeped and ready-to-drink 710EGCG "inabottle" and the 710EGCG loose-leaf green teas are organically grown, carefully produced, laboratory tested and guaranteed to meet the NCI de facto standard.
Judges from Southern District New York, District of Northern California, and District of Massachusetts as well as litigators from Wilson Sonsini Goodrich & Rosati and Skadden Arps agreed at the "Legal and Strategic Guide to E-Discovery" and CGOC Discovery Working Lunch "Monitoring Legal Holds in Active Litigation" that the Zubulake standards for preserving and collecting information for litigation have quickly become the de facto standard, citing numerous cases in other jurisdictions that have applied the standard.
The company's Ascent platform is the most popular information capture application worldwide, and its VirtualReScan (VRS) product is the de facto standard for scanning productivity.
As the de facto standard for intrusion detection and prevention, Snort is integrated into hundreds of third-party solutions, and we are launching this Certified Snort Integrator Program to provide the highest protection and easiest distribution possible," said Marty Roesch, founder and CTO at Sourcefire and creator of Snort.