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De facto - LawGuru Wiki





De facto is a Latin expression that means "in fact" or "in practice". It is commonly used in contrast to de jure (which means "by 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 against a regulation. When discussing a legal situation, de jure designates what the law says, while de facto designates what happens in practice (which may or may not be legal).

The term de facto may also be used when there is no relevant law or standard, but a common practice is well established, although perhaps not quite universal.

A de facto government is 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 ref Wortham v. Walker, 133 Tex. 255, 128 S.W.2d 1138, 1145. Black’s Law Dictionary 4th Edition (1951) page 504. /ref .



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