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Lawrence Dixon, age 17, of Orlando, Fla., for his question

IN LAW, WHAT IS 'DE FACTO?'

De facto, in law, is a phrase used to signify the exercise of a power in spite of the absence of legal authority. De facto contrasts with "de jure," which signifies the lawful exercise of a power.

The phrase de facto is applied when a person or group occupies public office of purports to exercise political or other authority without legal right.

In constitutional and international law, the term de facto means a power actually exercised but without established legal basis. Thus it has been applied to a revolutionary government, such as the Continental Congress, which had no legal basis but which showed that its authority was effective by its victorious conduct of the American Revolution.

In business law, a de facto corporation is one that is functioning and in pursuance of an effort made in good faith to organize a corporation within existing law Often a de facto corporation is entitled to practically the same rights and protection as a regular constituted, or de jure, corporation.

 

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