de facto

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Related to de facto segregation: de jure, de jure segregation

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 ?
2011) coupled with de facto segregation within American public schools, was the goal of desegregation actually met?
61) De facto segregation, segregation that could be attributed to other more remote factors or private action, was not within the purview of the equal protection clause.
While courts uniformly support the amelioration of de jure segregation, in the years before the Parents Involved decision, they had often looked at programs to eliminate de facto segregation with some skepticism.
The most interesting aspect of Keyes is the Court's implicit if not explicit resolution of the de jure v de facto segregation issue.
Attempts to end de facto segregation elsewhere in the nation "were less successful," and they came to a halt in the mid-1970s, when, among other developments, resistance to forced busing "reached a fever pitch" says Leo Casey, a former inner-city high school teacher in Brooklyn, New York, writing in Dissent (Winter 2004).
The de facto segregation of so many of our nation's schools is no longer an issue that generates conflict and controversy.
De facto segregation, or segregation "in fact" rather than by law, however, persists to this day, leaving many schools segregated by virtue of the concentration of minority population in their neighborhood.
In addition to providing a succinct summary of the issues facing the court, it urges students to consider the issue of de facto segregation, pointing out that--just as Thomas Jefferson believed in equal rights for all but still owned slaves--simply saying that something is wrong does not necessarily solve the problem.
He carefully takes the reader on a historical tour of the decision, documenting the early efforts of Thurgood Marshall and the Legal Defense Fund, the resistance the decision met in the South, and the various attempts to remedy de facto segregation in the North.
Eventually, when demonstrations against de facto segregation in the early '60s became too big to ignore, CNB began to cover this news.
Witness the patterns of racial segregation in housing, the de facto segregation in many of our parishes, and in our own net work of friends and associates.