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 ?
a de facto state exists where there is an organized political leadership, which has risen to power through some degree of indigenous capability, receives popular support; and has achieved sufficient capacity to provide governmental services to a given population in a specific territorial area, over which effective control is maintained for a significant period of time.
Although Quebec's civil code does not allow de facto spouses to seek spousal support, some of the province's laws, including those governing income tax and Quebec's pension plan, treat such couples the same as those who are married.
corporation is determined to be de facto liquidated (assume in this discussion that a wholly owned U.
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 tests were based on the OWASP (Open Web Application Security Project) Top Ten list of application vulnerabilities, which serves as the industry's de facto standard for measuring web application security.
Also, increased industry activity in the midstream area continued to drive strong interest in Quorum TIPS, with six additional clients licensing the de facto industry standard solution for gas plant accounting.
Kofax's VRS technology has become the de facto standard in the industry for scanning productivity by improving the readability of scanned documents.
Kofax (LSE:DCM), the world's largest information capture vendor, today announced a new version of its award-winning VirtualReScan (VRS) technology, the de facto industry standard for image processing.
X10 is the de facto standard in low cost home automation, and third party application support is critical to the continued dominance of X10's technology," said Rob Enderle leading personal technology analyst for the Enderle Group.