FOCL Practice Test

What is the legal term for when an individual has control over an object without it being in their actual presence?

1. Custody

2. Constructive possession

3. Actual possession

4. Dominion

The correct answer is: Constructive possession

The legal term that signifies a person has control over an object, even though it is not physically present with them, is constructive possession. This concept acknowledges that an individual can have a legal right or control over something, even if it is located elsewhere. This principle operates under the idea that a person may have the power and intention to control the item, such as when they have access to it or the ability to exercise ownership rights despite not having it in their immediate vicinity. For example, if someone has the keys to a storage unit where certain belongings are held, they can be deemed to have constructive possession of those items. This is critical in legal contexts, especially in criminal law, where it can affect the determination of guilt or innocence regarding possession-related offenses. In contrast, custody refers to the physical control of an object, typically implying actual presence, while actual possession denotes having physical control over an item at that moment. Dominion, while related to ownership rights and authority over an item, does not specifically capture the scenario of control without physical presence in the same way that constructive possession does.