Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
De Facto Jurisdiction
Jurisdictional & Appellate Practice Terms
Definition
The exercise of judicial authority by a court, judge, or tribunal that possesses the apparent, colorable authority to adjudicate, even though there exists an underlying formal defect, omission, or irregularity in their appointment or statutory notification.
Example
A judicial magistrate whose deputation tenure formally lapsed 48 hours earlier continues presiding over cases and issuing bail orders before the extension notification is published; the orders are protected under de facto jurisdiction.