Also known as: dejure · by law · by right
Written by attorneys · grounded in primary & secondary sources — see below
A status or condition that exists by right or according to law. The phrase identifies legal entitlements or entities that derive their validity directly from formal legal authority rather than from practical circumstances or informal arrangements.
Darius Dixon faces felony charges in federal court. His appointed counsel files a motion demanding a speedy trial before an impartial jury drawn from the district where the alleged offenses occurred. The court recognizes that these protections attach by law upon the commencement of the prosecution.
Denise Donovan, a sitting judge, receives an invitation to speak at a private law-school event. She declines because her calendar already includes several pending motions that require prompt rulings under the judicial conduct rules. The court later confirms that her decision correctly placed official responsibilities first.
Select any source to read its text and confirm it supports the definition.
Dylan Duffy previously served as a government lawyer and learned confidential details about a regulated company. After leaving office he is asked to represent a competitor in litigation that would use that information against the company. He declines the engagement because the information remains protected by law.
Demetrius Douglas drives through an intersection without slowing and collides with another vehicle. The injured party sues, alleging that Douglas failed to exercise the care a reasonably prudent person would have used under the same conditions. The court applies the negligence standard prescribed by law.
Dominic Drake is stopped after officers receive a reliable tip and observe behavior consistent with an ongoing drug transaction. The officers arrest him based on facts that would lead a prudent person to believe a crime has been committed. The arrest is upheld as supported by the legal standard for probable cause.
Dolores Diaz defaults on her home mortgage. The lender waits until the borrower has missed payments and all notice and cure requirements in the mortgage and state law have been met. Only then does the lender commence nonjudicial foreclosure proceedings.
De jure describes a status or right that exists by virtue of formal legal authority. De facto describes the same status or right when it exists only as a matter of practical fact without legal recognition. The distinction appears in both general usage and constitutional analysis of discrimination.
Supporting sources
De jure discrimination requires proof that a law or official action was adopted with a discriminatory purpose. Once that purpose is shown, the classification receives heightened scrutiny. Disparate impact alone does not establish de jure discrimination.
Supporting sources
No. De jure status attaches when the right or entity is created or recognized by law, regardless of whether enforcement mechanisms are currently active. Practical non-enforcement may create a de facto situation but does not erase the legal foundation.
Supporting sources
…letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his office at the will of the President is by him signed and transmitted to the Secretary of State to be sealed and recorded, it is…