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.

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 ?
conditions of de facto segregation as long as there is no discriminatory
The Supreme Court effectively rejected the notion that de facto segregation was unconstitutional.
Bradley found no constitutional violation when de facto segregation resulted from the private choices of individuals to live in one part of a metropolitan area rather than another.
This Article argues that the Court has evidenced far more concern about de facto segregation as an exclusionary and stigmatizing mechanism than many scholars and commentators recognize.
The situation in the West Bank required a critical examination because what was emerging was a kind of de facto segregation with unequal distribution of resources and great burdens of inconvenience between separated enclaves, said one of the experts.
Comments about the Roma people offered by students were, "They commit crimes, don't work and have babies to live off the state," and "I do not attend school with Roma people nor do I want my children to be educated with them." We discussed the pitfalls of stereotyping and I encouraged them to analogize the condition of the Roma people to the struggles of Black Americans in the context of de facto segregation and de jure segregation.
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.
I think it is time to state that there is no constitutional difference between de jure and de facto segregation, for each is the product of state actions or policies.
These schools are sometimes defended as purely voluntary and open to all students--though their purpose and de facto segregation is undeniable.
School District No.1 (1973), he argued that de jure and de facto segregation were not the same 'constitutional violation'.
The academy noted the impact of Stone's editorials on unequal funding for urban and suburban school districts and de facto segregation in Connecticut.
Or to put it more accurately, Williams enables the players in this important history to narrate their tale and in so doing they tell a story that reaches back to the Great Depression era of de jure segregation and spans the postwar decades of increasing de facto segregation. They describe a movement for tenants' rights in Baltimore that finds common cause with the 1960s welfare rights movement organizing across the nation.