de facto court

de facto court
A paradoxical expression, since the power to create courts is an attribute of sovereignty that can only be exercised by constitutional or statutory provisions. 20 Am J2d Cts § 19. A de facto court is a competent court, or a "legally constituted court," because its judgments and proceedings are not open to collateral attack. This, of course, does not apply to a court created without color of authority, or to a mere usurper. State ex rel. Bales v Bailey, 106 Minn 138, 118 NW 676.

Ballentine's law dictionary. . 1998.

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