Also known as: in-fact · de facto
Written by attorneys · grounded in primary & secondary sources — see below
A phrase denoting actual occurrence or existence in reality as opposed to legal fiction or appearance.
Ilana Isaacs discovered her spouse's infidelity and immediately killed him. The prosecution must prove that Ilana in fact experienced the sudden passion required to reduce the charge to voluntary manslaughter rather than relying solely on the objective provocation standard.
Iain Irons installed a spring gun on his remote cabin to deter intruders. When an actual trespasser triggered the device and suffered serious injury, Iain avoided liability because the intrusion was in fact one he could have repelled by force if present.
Iris Irons sued a company alleging a statutory privacy violation after her data was exposed but suffered no identity theft or financial loss. The court dismissed the claim because she failed to show an injury in fact that was both particularized and concrete.
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Isaac Irving, a religious organization, limited rentals in its nonprofit housing to members of its faith. The restriction was lawful because the dwellings were in fact operated for a noncommercial purpose.
Isabella Ingram died leaving a surviving spouse and two children. One child had been in fact supported by Isabella during her lifetime even though not legally obligated. That child qualified for the family allowance during estate administration.
Ibrahim Iqbal signed a deed conveying property he did not own. Because he was not in fact authorized as record owner, attorney-in-fact, trustee, or corporate officer, the deed was voidable.
It requires proof that the defendant actually experienced the provoked passion at the moment of the killing. The objective test for adequate provocation is insufficient without this subjective element.
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The plaintiff must demonstrate an actual, particularized, and concrete harm rather than a bare statutory violation. A purely procedural breach without real or threatened injury is insufficient.
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A child qualifies if the decedent was legally obligated to support the child or if the child was in fact being supported by the decedent at the time of death. Both categories receive the allowance during administration.
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The exemption applies only when the dwellings are in fact owned or operated for a noncommercial purpose. Commercial operations fall outside the protection even if run by a religious entity.
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…of the factors that govern the abortion decision. The privacy right involved, therefore, cannot be said to be absolute. In fact, it is not clear to us that the claim asserted by some amici that one has an unlimited right to do with one's body as one pleases bears a close relationship to the right of privacy…