educationcenter2000.com
De facto-De jure
De facto Government
De facto. Actually; in fact; in deed. A term used to denote a thing actually done.
De facto government. A government de facto signifies one completely, through only temporarily, established in the place of the lawful government; Thomas v. Taylor, 42 Miss. 651, 2 Am. Rep. 625, Chisholm v. Coleman, 43 Ala. 204, 94 Am. Dec. 677, See De Jure Austin, Jur. Lect. vi. p. 336.Bouvier’s Law Dictionary, Third Revision (8th Edition)(1914), Volume 1, page 761.
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. Black’s Law Dictionary 4th Edition (1951) page 504.,
De facto is a Latin expression that means "by [the] fact". In law, it is meant to mean "in practice but not necessarily ordained by law" or "in practice or actuality, but without being officially established". It is commonly used in contrast to de jure (which means "concerning the law") when referring to matters of law, governance, or technique (such as standards) that are found in the common experience as created or developed without or contrary to a regulation. When discussing a legal situation, de jure designates what the law says, while de facto designates action of what happens in practice. It is analogous and similar to the expressions "for all intents and purposes" or "in fact". The term de facto as of governments was created after the Argentine Constitution referred to illegal governments (governing bodies which Argentina did not acknowledge as individual nations) as de facto governments. The term de facto may also be used when there is no relevant law or standard, but a common and well established practice that is considered the accepted norm
A de facto standard is a standard (formal or informal) that has achieved a dominant position, by tradition, enforcement, or market dominance. It has not necessarily received formal approval by way of a standardization process, and may not be an official standard document. For example: band-aid, kleenex, hi-liter, white-out, jeep, etc., are all product brand names used to describe the item in a general way.
De facto is a Latin expression that means "by [the] fact". In law, it is meant to mean "in practice but not necessarily ordained by law" or "in practice or actuality, but without being officially established". It is commonly used in contrast to de jure (which means "concerning the law") when referring to matters of law, governance, or technique (such as standards) that are found in the common experience as created or developed without or contrary to a regulation. When discussing a legal situation, de jure designates what the law says, while de facto designates action of what happens in practice. It is analogous and similar to the expressions "for all intents and purposes" or "in fact". The term de facto as of governments was created after the Argentine Constitution referred to illegal governments (governing bodies which Argentina did not acknowledge as individual nations) as de facto governments. The term de facto may also be used when there is no relevant law or standard, but a common and well established practice that is considered the accepted norm.
De jure Government
De jure government. government de jure, but not de facto, is one deemed lawful, which has been supplanted; a government de jure and also de facto is one deemed lawful, which is present or established; a government de facto is one deemed unlawful, but which is present or established. Any established government, be it deemed lawful or not, is a government de facto. Austin, Jur. sec. vi. 336. Bouvier’s Law Dictionary, Third Revision (8th Edition)(1914), Volume I, page 768.
De Jure government. Of right; legitimate, lawful; by right and just title. In this sense contrary of de facto, (which see.) It may also be contrasted with de gratia, in which case it means “as a matter of right,” as de gratia means “by grace or favor.” Again it may be contrasted with de æquitate; here meaning “by law,” as the latter means “by equity.” See Government. Black’s Law Dictionary 4th Edition (1951) page 481.
A de jure government is the legal, legitimate government of a state and is so recognized by other states. In contrast, a de facto government is in actual possession of authority and control of the state. For example, a government that has been overthrown and has moved to another state will attain de jure status if other nations refuse to accept the legitimacy of the revolutionary government.
A de jure government is the legal, legitimate government of a state
and is so recognized by other states. In contrast, a de facto
government is in actual possession of authority and control of the
state. For example, a government that has been overthrown and has
moved to another state will attain de jure status if other nations
refuse to accept the legitimacy of the revolutionary government.
De jure Segregation refers to intentional actions by the state to
enforce racial segregation. The Jim Crow Laws of the southern
states, which endured until the 1960s, are examples of de jure
segregation. In contrast, de facto racial segregation, which
occurred in other states, was accomplished by factors apart from
conscious government activity.
De jure (in Classical Latin de jure) is an expression that means "concerning law", as contrasted with de facto, which means "concerning fact".
The terms de jure and de facto are used instead of "in principle" and "in practice", respectively, when one is describing political or legal situations.
In a legal context, de jure is also translated as "concerning law". A practice may exist de facto, where for example the people obey a contract as though there were a law enforcing it yet there is no such law. A process known as "desuetude" may allow de facto practices to replace obsolete laws. On the other hand, practices may exist de jure and not be obeyed or observed by the people.
[Latin, In law.] Legitimate; lawful, as a Matter of Law. Having complied with all the requirements imposed by law. De jure is commonly paired with de facto, which means "in fact." In the course of ordinary events, the term de jure is superfluous. For example, in everyday discourse, when one speaks of a corporation or a government, the understood meaning is a de jure corporation or a de jure government.
A de jure corporation is one that has completely fulfilled the statutory formalities imposed by state corporation law in order to be granted corporate existence. In comparison, a de facto corporation is one that has acted in Good Faith and would be an ordinary corporation but for failure to comply with some technical requirements.
Latin: "of the law." The term has come to describe a total adherence of the law. For example, a de jure government is one which has been created in respect of constitutional law and is in all ways legitimate even though a de facto government may be in control.
Copyright © All Rights Reserved