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De facto

Term
General
Literal meaningIn fact
Pronunciationday FAK-toh

Existing in fact, even if not backed by legal right.

Example

A person who in practice runs a school, though his appointment was never legally approved, is the de facto head.

Case laws
  • Gokaraju Rangaraju v. State of A.P. (1981), Supreme Court: acts of a judge appointed in a defective way remain valid, because he acted as a de facto judge in good faith.
Comparison table
BasisDe factoDe jure
MeaningIn factIn law
Legal right?Not necessarilyYes
ExampleA person who acts as an officer without proper appointmentA properly appointed officer
Exam tip

Asked as de facto vs de jure and the de facto doctrine.

Memory trick

De facto = what is happening; de jure = what is lawful.

Key takeaway

De facto describes what exists in fact, whether or not lawful.

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