What Does Legal Term De Jure Mean

What Does Legal Term De Jure Mean

As you can see, de facto refers to facts that apply for practical reasons, while de jure refers to the formal and official status of the case. These sample phrases are automatically selected from various online information sources to reflect the current use of the word “de jure”. The views expressed in the examples do not represent the views of Merriam-Webster or its editors. Send us your feedback. In U.S. law, particularly according to Brown v. Board of Education (1954), the difference between de facto segregation (segregation that existed because of voluntary associations and neighborhoods) and de jure segregation (segregation that existed because of local laws imposing segregation) became an important distinction for court-ordered remedies. [5] The current expressions “de facto” and “de jure” (pronunciation: dee fak-toh/di joo r-ee: origin: Latin) are closely related terms. De facto means a state of affairs that is true but not officially sanctioned. De jure, on the other hand, means a state of affairs that is in accordance with the law (i.e. that is officially sanctioned). Most often, these terms are used to describe the source of authority of a company or head of government, but they apply to a variety of situations. Here are some examples of sentences that use sentences: adj.

Latin for legitimate, as opposed to de facto (real). See: de jure company) A de jure company is a company that has fully complied with the legal formalities imposed by state company law in order to maintain a corporate existence. In comparison, a de facto corporation is one that acted in good faith and would be an ordinary business without failing to comply with certain technical requirements. It is possible to have several simultaneous (de jure) conflicting laws, none of which can be (de facto) in force. After the seizure of power in 1526, Ahmad ibn Ibrahim al-Ghazi made his brother Omar Din the legitimate (de jure) sultan of Adal. However, Ahmad was in practice (de facto) the real sultan, and his brother was a figurehead. [3] Between 1805 and 1914, Egypt`s ruling dynasty ruled de jure as viceroys of the Ottoman Empire, but acted de facto as independent rulers, maintaining a polite fiction of Ottoman suzerainty. From about 1882, however, the rulers ruled only de jure over Egypt, which had become a British puppet state. Thus, under Ottoman law, Egypt was de jure a province of the Ottoman Empire, but de facto part of the British Empire.

[4] The term de jure is often used to emphasize the opposite of de facto, which means “by fact or “by practice.” For example, de facto practices in companies are sometimes discriminatory, even if de jure rules against such practices apply. The Latin phrase literally means “of the law” and has been used since the 1600s to mean “legitimate or legal,” especially by jurists. De Jure is the Latin word “of the law”. It describes a condition that is legitimate “according to the law” or “according to the law.” The term has been described as full compliance with the law. For example, de jure government is one that is constitutionally created and legitimate in all respects. De jure is generally used as opposed to de facto. De jure means “as a matter of law,” while de facto means “as a practice based on law.” Coming directly from Latin, de jure is a term that is mainly, but not always, used in legal literature. Sometimes it is not enough to have something set out in the law; If a law is not enforced, it might as well not exist.

And if ordinary citizens are too afraid of what would happen to them if they exercised their rights, then they don`t have those rights at all. Unfortunately, many countries have constitutions and laws that sound good, but don`t have much impact. Thus, de jure is almost always used as opposed to something else; The opposite is de facto. Many international trade and legal issues will involve these concepts. It is rare that there are companies that can afford to seek formal advice on all matters for commercial or financial reasons. As a result, practical solutions are often implemented for many years before it turns out that a law, regulation or official policy has been neglected. In particular, the exact terms of the contract, especially in formal agreements, are often ignored in normal operation, as business partners practically deal with matters that are not related to the terms of the contract or that contradict the terms of the contract. If such companies are subsequently acquired or subject to other transactions, the difference between de jure and de facto will often be a matter of lawyers and businessmen that must be worked out jointly. In Law and Government, de jure (/deɪ ˈdʒʊəri, di -/ day JOOR-ee, dee -; Latin: dē iūre pronounced [deː ˈjuːrɛ], “by law”) describes legally recognized practices, whether or not the practice exists in reality. [1] On the other hand, de facto (“effectively”) describes situations that exist in reality, even if they are not legally recognized. [2] De jure.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/de%20jure. Retrieved 8 January 2022.

A de jure government is the legitimate and legitimate government of a state and is recognized by other states. In contrast, a de facto government is in fact in possession of state authority and control. For example, a government that has been overthrown and moved to another state will be granted de jure status if other nations refuse to accept the legitimacy of a revolutionary government. In a hypothetical situation, a king or emperor could be the de jure head of state. However, if they are unable to lead the country, the prime minister or chancellor would probably become the practical or de facto ruler, with the king remaining the de jure leader. Use the adjective de jure to describe something that legally exists, such as a law that states that companies cannot discriminate against people with disabilities when hiring workers. De jure is usually associated with de facto, meaning “really”. In ordinary events, the term de jure is superfluous. For example, when talking about a company or government in everyday discourse, the meaning understood is de jure or de jure government. De jure segregation refers to deliberate acts by the state to enforce racial segregation. The Jim Crow laws of the Southern states, which lasted until the 1960s, are examples of de jure segregation.

In contrast, the de facto racial segregation that has taken place in other states has been achieved by factors outside the conscious activity of government. [Latin, in law.] Legitimate; legitimately, in law. Compliance with all legal requirements. Please note that these phrases are used as adjectives and, as with other Latin or foreign language loanwords to English, are usually written in italics.

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