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.

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 ?
Stating that DeFacto is in cooperation with The Hope Foundation for Children with Cancer in order to support children who are receiving cancer treatment in Turkey, Senol emphasized that by the age of 14, one of 700 children in the world is at risk of cancer.
Speaking to media on Tuesday, Dr Sagheer Ahmed, who last week parted his ways with the MQM to join Mustafa Kamal, the defacto chief of the dissident group, he said the party would hold its first rally in the second week of next month after being named on March 23.
It also means Team Sky's Froome is the defacto leader, even if he does not wear the yellow jersey on today's seventh stage.
If an unemployed person is told to work for a company between Monday-Sunday 0900-1700 hours in threat of being sanctioned, told what to do, when to do it, how to do it, under the supervision of a staffer, then a defacto contract of employment exists.
Sources said that senior commanders of the BSF have instructed their troops, deployed along the defacto border, Line of Control (LOC) and International border (IB) in disputed Kashmir, not to become easy targets of alleged Pakistani firing and strongly retaliate against the aggression in view of the ceasefire violations along the borders in disputed region.
As smart phones become the defacto medium for consuming multimedia content and communicating, it is not unusual to find oneself having to recharge a phone a couple times a day, said Dr.
The LF called among other things for "propping up; "of state institutions independent of defacto forces such as Hizbullah in South Lebanon.
Gillard confirmed that her defacto partner Tim Mathieson would live in The Lodge with her were she to return to power but said if she tied the knot she would do so for personal reasons, and any such decision would not be taken alone.
CTBUH, an international not-for-profit organisation, it has become the defacto global governing body for determining which building is the tallest in the world, since its founding in 1969.
But a former A-B executive said the New York office seems likely become A-B's defacto North American headquarters.
"Now, customers can use the SyChip WLAN NIC across multiple product formats as the defacto accessory card for WLAN functionality."