De Facto

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Related to De facto independence: de jure

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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
There are a small number of researchers attempting to differentiate between de jure and de facto independence (e.g., Cukierman 1992; Cukierman, Webb, and Neyapti 1992; mad Fry et al.
We need to encourage more predictable policy that has worked and discourage the bouts of discretion and loss of de facto independence which have not worked.
Formal independence did not insulate the Bank from political pressure and despite the increase in de jure independence, the Bank of Japan experienced a decline in de facto independence under the Koizumi and post-Koizumi administrations.
The document, posted on the government's official website, reads: "Seventeen years of South Ossetia's de facto independence proves the republic's liability, and its sovereignty needs to be legitimised by the UN Charter".
Washington has urged Chen not to hold the referendum on entry to the UN, fearing that it could test the patience of Beijing which views it as a push by Chen toward formalizing the island's de facto independence. Taiwan and China have for years engaged in "dollar diplomacy," using investments and economic aid to court alliances.
Most committee members accept the Kurds will not give up the de facto independence they have enjoyed since 1991 in the north.
War itself brought changes as the status of self-governing dominions moved toward de facto independence. Postwar reform brought by war changed the status of India, while Ireland gained Dominion status with the establishment of the Irish Free State in 1922 that set it on the path to complete independence by the late 1940s.
If the Iraqi Kurds continue to maintain their de facto independence into the foreseeable future, a rump Kurdish state there will become increasingly possible.
The predominantly Muslim province won de facto independence from Russia during a bloody war that was fought from 1994-96.
Ongoing negotiations among Britain, Spain, and Gibraltar point toward some sort of de facto independence under British (or Spanish or European Union) sovereignty.
164), and it ended when General Alexander Lebed negotiated an agreement with the Chechens in summer 1996 that virtually recognized the de facto independence of Chechnya.
So compelling, in fact, did the New World appear that, by the early decades of the seventeenth century, the Dutch Republic showed itself willing to put its money where its rhetorical mouth was, so to speak, by investing substantial funds and effort into forging an "alliance" with its American "brethren." As the Revolt entered its final stage (the Twelve Years' Truce, signed in 1609, granted the breakaway Republic de facto independence from Philip III) and as the Dutch gained momentum in their war against Spain, talk of an American alliance shifted from rhetorical claims to more plainly ambitious programs: highly speculative and unusually confident colonial ventures derived from the presumptive geography of the rebels.