CITES BY TOPIC:  de facto

Black's Law Dictionary, Sixth Edition, Page 416:

de facto:  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, a 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 vl 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.

 

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