Also known as: de-facto · in fact
Written by attorneys · grounded in primary & secondary sources — see below
A condition or status that exists in actual fact even though it lacks formal legal recognition or authorization.
Daniel Diaz discovered his spouse's infidelity and immediately grabbed a knife. Although an ordinary person would have been enraged, Daniel felt only cold calculation and stabbed the victim seconds later. The prosecution shows that Daniel never actually experienced the provoked passion required for voluntary manslaughter.
Darrell Duncan installed a spring-loaded shotgun aimed at his shed door after repeated thefts. An intruder entered the shed and was seriously wounded by the device. Because the intrusion was in fact occurring when the device fired, the owner avoids liability under the privilege for protecting chattels.
Select any source to read its text and confirm it supports the definition.
David Dawson sued a company for publishing his personal data in violation of a privacy statute but alleged no actual access, identity theft, or other concrete harm. The court dismisses the complaint because a bare statutory violation without injury in fact fails to satisfy Article III standing requirements.
Devon Drake, a religious organization, restricted rental of its nonprofit housing to members of its faith. Because the organization was in fact open only to members and not operated for commercial purposes, the Fair Housing Act permits the limitation.
Diane Dawson died leaving a surviving spouse and two minor children. One child lived with the spouse while the other had been in fact supported by Diane before death. Both children qualify for the family allowance during estate administration under the uniform probate code.
Demetrius Douglas signed a contract under duress but his outward conduct manifested assent to the terms. The resulting agreement is voidable because Douglas did not in fact assent, allowing rescission on grounds of duress.
De facto describes a condition that exists in actual fact. De jure describes a condition that exists by operation of formal law. The distinction appears in discrimination analysis, corporate status, and government recognition.
Supporting sources
A statutory violation satisfies the injury-in-fact requirement only when it creates a real risk of harm. A bare procedural violation without actual or threatened injury is insufficient.
Yes. The exemption applies only when the club is not in fact open to the public. If membership practices make it functionally public, the statutory protection disappears.
Children who were in fact being supported by the decedent qualify even if they did not live with the surviving spouse. The allowance may be split between the spouse and the child's guardian according to need.
…of the factors that govern the abortion decision. The privacy right involved, therefore, cannot be said to be absolute. In fact, it is not clear to us that the claim asserted by some amici that one has an unlimited right to do with one's body as one pleases bears a close relationship to the right of privacy…