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Article: De Facto
- Article from:
- West's Encyclopedia of American Law
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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 ...