de facto


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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 ?
Thus, a parent state's struggle against a de facto state inevitably undermines its Westphalian sovereignty.
AN NAHAR newspaper said Friday that the meeting resulted in Mikati agreeing to give additional time for efforts aimed at solving the problem over the Interior Ministry portfolio and consequently, avoiding the option of a de facto Cabinet.
The taxpayer's intention with respect to liquidation is also relevant to concluding whether a de facto liquidation had occurred.
The successor to SGML (standard generalized markup language, an ISO specification widely adopted as a de facto standard for electronic document management), XML is considered more accessible, less expensive, and easier to implement than EDI as a platform for e-commerce.
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.
The company's Ascent platform is the most popular information capture application worldwide, and its VRS (VirtualReScan) is the de facto standard for scanning productivity.
With more than 50,000 installations and OEM partnerships with all of the major scanner manufacturers, VRS is the de facto industry standard for image processing, and version 4.
While drug companies are not required to demonstrate cost effectiveness to win regulatory approval to market drugs, their ability to provide such evidence has emerged as a de facto fourth hurdle to be eligible for third-party reimbursement," said Joshua Cohen, senior fellow at Tufts CSDD and author of the study.
Recognized as the De Facto Industry Standard for Scanning Productivity, VirtualReScan (VRS) Delivers Unmatched Image Quality and
Quorum) has entered into an agreement with Merit Energy Company (Merit) to deliver and provide ongoing support for Quorum TIPS, the de facto accounting software for the natural gas processing industry as well as associated software products.
the world's foremost check scanner experts providing item processing software and solutions that have come to serve as the de facto standard for financial institutions, has joined X9, an American National Standards Institute (ANSI) accredited committee.
Denali's MMAV is the de facto industry standard for modeling and simulating off-chip memory during all phases of ASIC design and verification; now that same capability will be available to Altera FPGA customers.