Also known as: in fact
Written by attorneys · grounded in primary & secondary sources — see below
An adverbial phrase denoting that a matter is true as an actual fact rather than by legal presumption or appearance.
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After Ike Ingram discovered his spouse's infidelity, he immediately killed the other person. The prosecution must prove that Ike in fact experienced the sudden passion at the moment of the killing for the charge to reduce from murder to voluntary manslaughter.
Ingrid Innes installed a spring gun on her remote cabin after repeated break-ins. When an intruder in fact entered the structure, the device caused serious injury. Ingrid avoids liability because the actual intrusion matched the circumstances that would have justified deadly force if she had been present.
Isabelle Inman sued a company alleging a statutory privacy violation after her data was exposed. Because she alleged no actual or threatened harm beyond the bare statutory breach, the court dismissed the case for lack of an injury in fact.
Imran Iyer, a religious nonprofit, limited rentals in its housing to members of its faith. The Fair Housing Act permits the restriction because the dwellings are operated for a noncommercial purpose and the organization is in fact a qualifying religious entity.
After Ines Ibarra's death, her surviving spouse sought a family allowance. The court awarded the allowance to the spouse and to the children who were in fact being supported by the decedent during her lifetime.
Idina Iverson signed a contract while secretly intending not to be bound. Because her conduct manifested assent even though she did not in fact assent, a contract was formed that remained voidable for fraud.
The phrase requires proof that the defendant actually experienced the provoked passion at the time of the killing and had not in fact cooled off before acting.
It requires a plaintiff to show an actual, concrete injury rather than a bare statutory violation or purely procedural harm.
The club must in fact not be open to the public and must operate the lodgings for a noncommercial purpose.
The child must have been in fact supported by the decedent during the decedent's lifetime.
…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…