De Facto
Literal meaning: “In fact; in reality.”
What does the Latin term "De Facto" mean in law?
De facto describes a state of affairs that exists in practice or reality, regardless of whether it has been formally or legally established. A de facto government exercises power without constitutional authority; a de facto segregation results from private choices and social conditions rather than from law. De facto is contrasted with de jure (by law), which describes conditions that exist as a result of formal legal action. The distinction is significant because legal remedies may differ depending on whether a challenged condition is de facto or de jure in nature.
Source: General · Legal Latin
Legal Definition
De facto describes a state of affairs that exists in practice or reality, regardless of whether it has been formally or legally established. A de facto government exercises power without constitutional authority; a de facto segregation results from private choices and social conditions rather than from law. De facto is contrasted with de jure (by law), which describes conditions that exist as a result of formal legal action. The distinction is significant because legal remedies may differ depending on whether a challenged condition is de facto or de jure in nature.
How It's Used
De facto is used throughout legal writing to distinguish between what exists in reality and what is formally or legally sanctioned. It appears prominently in constitutional law (segregation), family law (de facto parents), corporate law (de facto directors), and administrative law. It is almost always used in contrast with de jure.
Example Sentences
The court found de facto segregation in the school system, resulting from residential patterns rather than official policy.
Although never formally appointed, he served as the de facto CEO and exercised all decision-making authority.
The de facto standard in the industry was to require non-compete agreements, even though no regulation mandated them.