de facto

/diy faektow/ In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of affairs which 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 who 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. MacLeod v. United States, 229 U.S. 416, 33 S.Ct. 955, 57 L.Ed. 1260.

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 which is actually maintained, as distinguished from a mere paper blockade

Compare de jure.

"De facto doctrine" will validate, on grounds of public policy and prevention of failure of public justice, the acts of officials who function under color of law. People v. Davis, 86 Mich.App. 514, 272 N.W.2d 707, 710.

As to de facto corporation

- de facto domicile

- de facto merger, and de facto officer, see those titles.

In old English law it means respecting or concerning the principal act of a murder, which was technically denominated factum

@ de facto doctrine

"De facto doctrine" will validate, on grounds of public policy and prevention of failure of public justice, the acts of officials who function under color of law. People v. Davis, 86 Mich.App. 514, 272 N.W.2d 707, 710.

@ de facto adoption

An agreement to adopt according to statutory procedures in a given state which will ripen into de jure adoption when the petition is properly presented. In The Matter of The Estate of Schultz, 220 Or. 350, 348 P.2d 22. An equitable adoption (q.v.)

@ de facto contract

/diy faektow kontreekt/ One which has purported to pass the property from the owner to another but is defective in some element

@ de facto court

See court

@ de facto government

One that maintains itself by a display of force against the will of the rightful legal government and is successful, at least temporarily, in overturning the institutions of the rightful legal government by setting up its own in lieu thereof. Wortham v. Walker, 133 Tex. 255, 128 S.W.2d 1138, 1145

@ de facto judge

A judge who functions under color of authority but whose authority is defective in some procedural form. Riley v. Bradley, 252 Ala. 282, 41 So.2d 641

@ de facto marriage

A marriage in which the parties live together as husband and wife under color of validity but which is defective for reasons of form, etc

@ de facto officer

One who, while in actual possession of the office, is not holding such in a manner prescribed by law. Trost v. Tynatishon, 12 Ill.App.3d 406, 299 N.E.2d 14

@ de facto segregation

Segregation which is inadvertent and without assistance of school authorities and not caused by any state action, but rather by social, economic and other determinates. DeFunis v. Odegaard, 82 Wash.2d 11, 507 P.2d 1169

Compare de jure segregation

@ de facto taking

This type of taking occurs when an entity clothed with power of eminent domain substantially deprives an owner of the use and enjoyment of his property. City of Philadelphia v. Sorrentino, 95 Pa. Cmwlth. 236, 505 A.2d 373, 374.

Such occurs in extraordinary circumstances when entity having power of eminent domain substantially deprives property owner of right to beneficial use and enjoyment of property as consequence of nonappropriative rather than appropriative act. In re Condemnation By Com., Dept. of Transp., 96 Pa.Cmwlth. 68, 506 A.2d 990, 993

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