Also known as: in fact
Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase indicating that a described condition or event actually occurred or exists in reality rather than in appearance or supposition.
Edward Everett argued with his neighbor over a property line and then shot him minutes later. The prosecution introduced evidence that Everett remained calm throughout the encounter. Because Everett did not in fact experience the required passion, the jury convicted him of murder rather than manslaughter.
Elena Estrada installed a spring gun inside her remote cabin after repeated break-ins. An intruder entered at night and triggered the device. Because the intrusion was in fact one that Estrada could have repelled with deadly force if present, she avoided liability for the resulting injury.
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Esther Eisenberg sued a data broker alleging a statutory privacy violation after her personal information appeared online. She alleged no identity theft or other concrete harm. The court dismissed the complaint because the bare statutory breach did not produce an injury in fact.
Eclipse Manufacturing operated a dormitory for its employees and allowed a religious organization to limit occupancy to members of one faith. Because the organization was in fact a nonprofit controlled by the religious group and operated the housing for a noncommercial purpose, the Fair Housing Act exemption applied.
After Emanuel Escobar died, his surviving spouse sought a family allowance from the estate. Two adult children had lived with and received regular financial support from Escobar before his death. Because those children were in fact being supported by the decedent, the court awarded them a portion of the allowance.
Elysium Media sent a signed contract to a vendor even though its CEO privately believed the terms were unfavorable. The vendor relied on the signature and began performance. Because the company manifested assent even though it did not in fact assent, a contract formed that remained voidable for mistake.
The phrase requires proof that the defendant subjectively experienced the provoked passion at the moment of the killing, separate from whether an ordinary person would have been provoked.
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The phrase confirms that the actual intrusion matches the type of entry the landowner could have repelled with intentional deadly force if present, thereby triggering the privilege.
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The phrase requires a plaintiff to show a concrete, particularized harm beyond the bare statutory breach. A purely procedural violation is insufficient.
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The phrase verifies that the organization is in fact a nonprofit controlled by or affiliated with a religious group and that the housing serves a noncommercial purpose.
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The phrase includes children who were in fact receiving financial support from the decedent even if no legal duty existed.
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A contract is formed but remains voidable on grounds such as fraud, duress, or mistake.
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…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…