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De facto Wiki2Web Clarity Challenge

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Study Guide: Understanding De Facto and De Jure Concepts

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Understanding De Facto and De Jure Concepts Study Guide

Foundational Concepts of De Facto and De Jure

The literal translation of the Latin phrase 'de facto' is 'by law'.

Answer: False

Explanation: The literal translation of the Latin phrase 'de facto' is 'from fact,' signifying existence in reality rather than by law.

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'De facto' describes a situation that exists in reality, whereas 'de jure' refers to something legally established.

Answer: True

Explanation: This accurately distinguishes 'de facto,' denoting actual existence, from 'de jure,' signifying legal establishment or recognition.

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In common usage, 'de facto' emphasizes what is prescribed by law rather than what is actually happening.

Answer: False

Explanation: Common usage of 'de facto' emphasizes what exists in reality or practice, contrasting with what is legally prescribed.

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What is the literal translation of the Latin phrase 'de facto'?

Answer: From fact

Explanation: The literal translation of 'de facto' from Latin is 'from fact,' indicating something that exists in reality.

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Which of the following best describes the contrast between 'de facto' and 'de jure'?

Answer: 'De facto' describes what exists in reality, while 'de jure' refers to what is legally recognized.

Explanation: This option accurately captures the fundamental distinction: 'de facto' pertains to actual existence, whereas 'de jure' pertains to legal establishment.

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In common usage, what does 'de facto' primarily highlight?

Answer: What is actually happening in practice

Explanation: In common parlance, 'de facto' emphasizes the reality of a situation or practice, as opposed to its legal or formal status.

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De Facto Governance and Political Authority

A 'de facto government' in political science is one that holds power through established constitutional succession.

Answer: False

Explanation: A 'de facto government' typically exercises power through means outside established constitutional succession, often via force or usurpation.

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A 'de facto leader' always holds a recognized constitutional office.

Answer: False

Explanation: A 'de facto leader' exercises power in reality, potentially without holding any formal constitutional office.

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Augusto Pinochet transitioned from a de facto leader to a de jure ruler by amending the constitution and becoming president.

Answer: True

Explanation: Pinochet's transition from leading a junta (de facto) to assuming the presidency through constitutional amendment exemplifies this shift.

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Saddam Hussein's de facto rule in Iraq began only after he formally became President in 1979.

Answer: False

Explanation: Hussein's de facto rule commenced earlier, during his tenure as vice president, when he wielded significant power.

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Deng Xiaoping and General Manuel Noriega are cited as examples of individuals who exercised significant control without holding official constitutional positions.

Answer: True

Explanation: Both Deng Xiaoping and Manuel Noriega are presented as instances of de facto leaders who wielded substantial power without formal constitutional roles.

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The World Bank defines a 'de facto government' as one that comes to power through constitutional means.

Answer: False

Explanation: The World Bank defines a 'de facto government' as one that assumes or retains power through means not provided for in the country's constitution.

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Bill Belichick is mentioned as having served as a 'de facto general manager' for the New England Patriots.

Answer: True

Explanation: Belichick's role exemplifies a 'de facto general manager' by exercising control over personnel decisions without holding the official title.

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A de facto government exercises power based on legal legitimacy, while a de jure government governs based on actual control.

Answer: False

Explanation: This statement reverses the definitions: a de facto government governs based on actual control, while a de jure government has legal legitimacy.

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The term 'de facto' is typically associated with legitimate, constitutionally approved power grabs.

Answer: False

Explanation: The term 'de facto' is associated with power acquired or exercised in reality, often outside legitimate or constitutional channels.

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A de facto leader can never hold a formal title simultaneously.

Answer: False

Explanation: A de facto leader may simultaneously hold a formal title; their de facto status emphasizes the source of their power in actual control rather than solely the title.

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How is a 'de facto government' primarily defined in political science?

Answer: A government that maintains power through force or usurpation, outside formal legal structures.

Explanation: Political science defines a 'de facto government' by its actual exercise of power, often through non-constitutional means.

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What distinguishes a 'de facto leader' from a formally recognized leader?

Answer: A de facto leader exercises power informally and may not hold a constitutional office.

Explanation: The key distinction lies in the source and nature of power: de facto leaders govern by actual control, potentially without formal legal authority.

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Which historical figure is cited as an example of transitioning from de facto leadership to de jure status by amending the constitution?

Answer: Augusto Pinochet

Explanation: Augusto Pinochet's career in Chile serves as a prominent example of a de facto leader who later formalized his rule through constitutional changes.

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How did Saddam Hussein's rule in Iraq exemplify de facto leadership prior to becoming President?

Answer: He held significant power as vice president, overshadowing the de jure president.

Explanation: Hussein's vice-presidency demonstrated de facto leadership by wielding substantial power, effectively controlling the state apparatus before assuming the presidency.

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Which individuals are cited as examples of de facto leaders who exercised significant control without holding formal constitutional office?

Answer: Deng Xiaoping and General Manuel Noriega

Explanation: These individuals are presented as prime examples of de facto leadership, exercising substantial power without formal constitutional positions.

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Which historical figure is mentioned as influencing the official ruler, acting as a de facto ruler?

Answer: Empress Dowager Cixi

Explanation: Empress Dowager Cixi is cited as an example of a de facto ruler who exerted significant influence over the official monarch.

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According to the World Bank's definition, what characterizes a 'de facto government'?

Answer: It comes into or remains in power through means not provided for in the country's constitution.

Explanation: The World Bank's definition emphasizes the non-constitutional origin or maintenance of power for a 'de facto government'.

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Bill Belichick's role as a 'de facto General Manager' for the New England Patriots implies what?

Answer: He controlled personnel decisions without holding the official GM title.

Explanation: Belichick's designation as 'de facto GM' signifies his exercise of managerial authority without the formal title.

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De Facto in Societal, Economic, and Technical Domains

Organizations might comply with a 'de facto' regulation solely to avoid legal penalties.

Answer: False

Explanation: Organizations often comply with de facto regulations for efficiency, market access, or standardization, not solely to avoid penalties, though that can be a factor.

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A 'de facto standard' in technical contexts achieves dominance through formal standardization processes and official approval.

Answer: False

Explanation: A 'de facto standard' emerges through widespread adoption and market dominance, not formal standardization processes.

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In the social sciences, a de facto standard can emerge as a practical solution to coordination problems.

Answer: True

Explanation: De facto standards frequently arise as practical solutions to coordination challenges, facilitating interaction and consensus in various social contexts.

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Australia, Japan, Mexico, and the United Kingdom are examples of countries with a de jure national language but no de facto national language.

Answer: False

Explanation: These nations are cited as examples possessing a de facto national language without a formal de jure designation.

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A country cannot simultaneously possess both de facto and de jure national languages.

Answer: False

Explanation: It is possible for a country to have both de jure (legally recognized) and de facto (practically used) national languages.

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The Russian language was officially declared the de jure state language of the Soviet Union in the early 1980s.

Answer: False

Explanation: Russian functioned as the de facto official language of the Soviet Union, but was only declared de jure in 1990.

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In Hong Kong and Macau, Cantonese is legally defined as the official spoken and written standard Chinese variety.

Answer: False

Explanation: Neither Hong Kong nor Macau legally defines a specific variety of Chinese as official; Cantonese functions as the de facto standard.

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The de facto boundaries of a country are determined by its legally established borders on official maps.

Answer: False

Explanation: De facto boundaries reflect the practical extent of a government's enforceable control, which may diverge from legally established borders.

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The Durand Line is given as an example of a de facto boundary that is recognized and enforced in practice.

Answer: True

Explanation: The Durand Line serves as an illustration of a de facto boundary, recognized and enforced in practice despite potential ambiguities in its legal status.

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De facto segregation in the US was primarily enforced through explicit 'Jim Crow' laws.

Answer: False

Explanation: De facto segregation arose from social and economic factors, distinct from the legally mandated de jure segregation enforced by 'Jim Crow' laws.

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A 'de facto monopoly' exists when only one company is legally permitted to operate in a market.

Answer: False

Explanation: A 'de facto monopoly' arises from market dominance that prevents competition, regardless of legal permission for other entities to operate.

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CDMA1X is cited as an example of 'standard technology' in cell phone communications.

Answer: False

Explanation: CDMA1X is presented as an example of 'de facto technology' due to its privately held intellectual property, contrasting with 'standard technology' like GSM.

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The concept of 'de facto' implies that borders are solely determined by international treaties.

Answer: False

Explanation: The 'de facto' aspect of borders refers to practical control and enforcement, not solely treaty-based legal definitions.

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When a language is 'de facto national', it means it is widely used and functions as the primary language in practice, even without official legal recognition.

Answer: True

Explanation: This definition accurately captures the essence of a 'de facto national' language: practical prevalence over formal legal status.

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De facto segregation is characterized by explicit legal mandates enforcing racial separation.

Answer: False

Explanation: De facto segregation arises from societal factors, unlike de jure segregation which is legally mandated.

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The primary characteristic of a de facto standard is its widespread adoption and market dominance.

Answer: True

Explanation: Widespread adoption and market dominance are the defining features of a de facto standard, distinguishing it from formally ratified standards.

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The 'Brussels effect' describes how EU regulations become de facto global standards due to the EU's market size.

Answer: True

Explanation: The 'Brussels effect' illustrates how the EU's market power leads its regulations to achieve de facto global standard status.

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De facto boundaries within a federal state are always identical to the officially demarcated lines on maps.

Answer: False

Explanation: Within federal states, de facto boundaries can arise from practical enforcement and administrative control, potentially differing from official demarcations.

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The term 'de facto technology' implies that its intellectual property is publicly available for anyone to use and manufacture.

Answer: False

Explanation: 'De facto technology' typically implies privately held intellectual property, limiting its widespread use, unlike standard technologies.

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Why might an organization voluntarily comply with a 'de facto' regulation?

Answer: To simplify manufacturing processes and maintain a single standard across markets.

Explanation: Organizations often adopt de facto regulations for operational efficiency, market consistency, and to meet widespread consumer expectations.

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How does a 'de facto standard' typically emerge in technical contexts?

Answer: Through tradition, market dominance, or widespread adoption.

Explanation: De facto standards arise organically through market forces and widespread use, rather than through formal standardization bodies.

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Which of the following countries is mentioned as having a de facto national language but no official de jure national language?

Answer: United Kingdom

Explanation: The United Kingdom is cited as an example of a nation with a de facto national language (English) but no legally designated de jure national language.

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What does the source suggest about countries having both de facto and de jure national languages?

Answer: It is common, with examples like Morocco and Lebanon.

Explanation: The source indicates that the coexistence of de facto and de jure national languages is common, citing Morocco and Lebanon as examples.

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In the former Soviet Union, what was the status of the Russian language before 1990?

Answer: It served as the de facto official language for the central government.

Explanation: Prior to 1990, Russian functioned as the de facto official language of the Soviet Union's central administration.

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Regarding the linguistic situation in Hong Kong and Macau, what is true about Chinese varieties?

Answer: No specific variety of Chinese is legally defined as official.

Explanation: In Hong Kong and Macau, while Cantonese functions as the de facto standard, no specific variety of Chinese is legally defined as official.

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How are the de facto boundaries of a country determined?

Answer: By the territory over which the government can enforce its laws and defend.

Explanation: De facto boundaries are defined by the practical extent of governmental control and defense capabilities.

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The Durand Line is presented as an example of what?

Answer: A de facto boundary recognized and enforced in practice.

Explanation: The Durand Line exemplifies a de facto boundary, characterized by its practical recognition and enforcement.

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What was the key difference between de facto and de jure segregation in the United States, particularly outside the South?

Answer: De facto segregation occurred without legal mandate, while de jure segregation was legally enforced (e.g., Jim Crow laws).

Explanation: This highlights the crucial distinction: de facto segregation resulted from societal factors, whereas de jure segregation was legally codified.

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In a business context, what defines a 'de facto monopoly'?

Answer: A situation where one supplier dominates the market so completely that competitors cannot realistically survive, even if legally allowed.

Explanation: A 'de facto monopoly' is characterized by overwhelming market dominance that effectively precludes competition, regardless of legal structures.

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What is the key difference between 'de facto technology' like CDMA1X and 'standard technology' like GSM mentioned in the source?

Answer: De facto technology has privately held IP limiting manufacturing, while standard technology is more publicly available.

Explanation: This highlights the intellectual property aspect: de facto technology is proprietary, whereas standard technology is generally accessible for replication.

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The 'Brussels effect' relates to de facto regulations by describing how:

Answer: EU regulations become de facto global standards due to the EU's market size.

Explanation: The 'Brussels effect' describes the phenomenon where EU regulations achieve de facto global standard status due to the Union's significant market influence.

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De Facto in Personal Relationships and Family Law

In Australia, 'de facto relationships' are only legally recognized between opposite-sex couples.

Answer: False

Explanation: Australian law recognizes de facto relationships for both opposite-sex and same-sex couples living together on a genuine domestic basis.

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Due to federalism in Australia, de facto relationship laws apply uniformly across all states and territories.

Answer: False

Explanation: Australian federalism means de facto relationship laws are primarily tied to the state or territory of residence, not uniformly applied nationwide.

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An Australian 'de facto relationship' is legally equivalent to a common-law marriage recognized across all jurisdictions.

Answer: False

Explanation: While granting similar rights, Australian de facto relationships have specific jurisdictional limitations, distinguishing them from the broader recognition of common-law marriage where it exists.

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'De facto joint custody' implies that parents share legal decision-making authority over children after separation until a court order is issued.

Answer: True

Explanation: This accurately defines 'de facto joint custody' as a shared parental decision-making arrangement preceding formal court orders.

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In Australia and New Zealand, a 'de facto relationship' requires the couple to be legally married but living separately.

Answer: False

Explanation: A 'de facto relationship' in these jurisdictions signifies a committed partnership outside of legal marriage.

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In Australia, what is a key aspect of the legal recognition of 'de facto relationships'?

Answer: They are legally recognized for both opposite-sex and same-sex couples living together.

Explanation: Australian law extends legal recognition to de facto relationships irrespective of the partners' gender, provided they meet criteria of cohabitation and domesticity.

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How does Australian federalism impact the laws governing de facto relationships?

Answer: Recognition is primarily tied to the state or territory of residence.

Explanation: Due to federalism, the application of de facto relationship laws in Australia is generally determined by the state or territory of residence.

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What distinguishes an Australian 'de facto relationship' from common-law marriage?

Answer: Common-law marriage is a fully legal marriage contracted irregularly, whereas de facto relationships have specific jurisdictional limitations.

Explanation: This distinction clarifies that common-law marriage, where recognized, is a form of legal marriage, while de facto relationships are a distinct legal status with jurisdictional boundaries.

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What does 'de facto joint custody' mean in family law after parental separation?

Answer: Both parents share joint legal decision-making authority until a court order is issued.

Explanation: 'De facto joint custody' describes the shared parental authority that exists in practice pending formal judicial determination.

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In the context of relationships in Australia and New Zealand, what defines a 'de facto relationship'?

Answer: A committed partnership between two people living together on a genuine domestic basis.

Explanation: In Australia and New Zealand, a 'de facto relationship' signifies a committed partnership between two people living together on a genuine domestic basis, outside of legal marriage.

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