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De facto

De facto (/d ˈfækt, di -, də -/, day FAK-toh, dee -⁠, də -⁠; Latin: [deː ˈfaktoː] ; lit.'from fact') describes practices that exist in reality, regardless of whether they are officially recognized by laws or other formal norms. It is commonly used to refer to what happens in practice, in contrast with de jure ('from law'). This distinction is highly significant in fields like law and governance.

The term de facto is used to describe concepts that have, or could have, both a declared official form as well as an unofficial functioning form. For example, a de facto government holds power without legal recognition, while a de jure government may have formal legal authority but lack any real power.

In jurisprudence, a de facto law (also known as a de facto regulation) is a law or regulation that is followed but "is not specifically enumerated by a law." By definition, de facto 'contrasts' de jure which means "as defined by law" or "as a matter of law." For example, if a particular law exists in one jurisdiction, but is followed in another where it has no legal effect (such as in another country), then the law could be considered a de facto regulation (a "de facto regulation" is not an officially prescribed legal classification for a type of law in a particular jurisdiction, rather, it is a concept about law(s).

A de facto regulation may be followed by an organization as a result of the market size of the jurisdiction imposing the regulation as a proportion of the overall market; wherein the market share is so large that it results in the organization choosing to comply by implementing one standard of business with respect to the given de facto law instead of altering standards between different jurisdictions and markets (e.g. data protection, manufacturing, etc.). The decision to voluntarily comply may be the result of: a desire to simplify manufacturing processes & cost-effectiveness (such as adopting a one size fits all approach), consumer demand & expectation, or other factors known only to the complier.[example needed]

In prison sentences, the term de facto life sentence (also known as a "virtual" life sentence) is used to describe a "non-life sentence" that is long enough to end after the convicted person would have likely died due to old age, or one long enough to cause the convicted person to "live out the vast majority of their life in jail prior to their release."

A de facto standard is a standard (formal or informal) that has achieved a dominant position by tradition, enforcement, or market dominance. It has not necessarily received formal approval by way of a standardization process, and may not have an official standards document.

Technical standards are usually voluntary, such as ISO 9000 requirements, but may be obligatory, enforced by government norms, such as drinking water quality requirements. The term "de facto standard" is used for both: to contrast obligatory standards (also known as "de jure standards"); or to express a dominant standard, when there is more than one proposed standard.

In social sciences, a voluntary standard that is also a de facto standard, is a typical solution to a coordination problem.

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