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LSDefine

Simple English definitions for legal terms

constructive possession

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A quick definition of constructive possession:

Constructive possession means legally having control over something even if it's not physically in your hands. This is important in cases where someone is accused of possessing illegal drugs or other items. It can also give someone the right to control or have certain rights over someone else's property. To prove constructive possession, a person must know about the object and have the ability to control it. For example, if someone has the keys to a safe deposit box, they have constructive possession of what's inside. However, just having the ability to control something, like a gun in a borrowed car, is not enough to establish constructive possession.

A more thorough explanation:

Constructive possession is a legal term that means having control over something even if it's not physically in your possession. This term is used in criminal and property law.

In criminal law, constructive possession is used to prosecute possession crimes, such as possession of illegal drugs. To establish constructive possession, the person must have knowledge of the object and the ability to control it. For example, if someone has the keys to a safe deposit box that contains illegal drugs, they can be charged with constructive possession of those drugs.

In property law, constructive possession grants the owner the right to obtain physical control and/or a variety of rights over someone else's physical control of that property. For example, if someone rents a storage unit, they have constructive possession of the items stored inside, even though they are not physically in their possession.

It's important to note that constructive possession cannot be established on the basis of ability to control alone. In the case of U.S. v. Bailey, the mere existence of a firearm in a borrowed car could not uphold constructive possession.

John rents a storage unit to store his furniture. Even though he is not physically in possession of his furniture, he has constructive possession of it because he has the keys to the storage unit and the ability to control it.

Another example is if someone has a key to a safe deposit box, they have constructive possession of the contents of that box, even though they are not physically in their possession.

These examples illustrate how constructive possession works in property law.

constructive notice | constructive receipt of income

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MrThickRopes
16:33
they splurgin out dem rs nd wls at smu but i din get none
16:38
@Law-Shark: they didn't say we had to go? and if they are willing to buy rooms for a bunch of people. they sent me a res because I was over 50 miles away but I didn't even ask for one
16:42
@Law-Shark: also kind of rude for you to be speaking to me like that, the event started at 9am and I had to wakeup at 4 to drive in. i was tired and couldn't even check in until 4pm if I wanted to so I just drove back. it's unprofessional to offer it the night before and not the day after. they also didn't feed us actual food and we were there until 2pm.
Law-Shark
16:43
The fact you didn't think a reservation in your name is something you need to be responsible for and cancel if you weren't going to show up to by sending a simple email is absolutely iresponsible.
16:43
I didn't make a reservation tho?
16:44
Yeah, I would have definitely gone to the hotel if I knew they booked a room for me. At the very least, it would be proper to show up personally and explain your extraneous circumstances
Law-Shark
16:44
Nah but it's in your name. I went to an ASD. I asked the school for an extra night and they gave it to me. You just need to plan things better.
Law-Shark
16:45
This is like peak disconenct between the male and female brain.
16:45
i think that's where i was confused then
Law-Shark
16:45
disconnect*
Law-Shark
16:45
You live and you learn
16:45
because i did let one of the staff know i'd be leaving early and thought that would be enough
16:46
but i was confused why i got an e-mail with a room cuz I didn't ask for it at all
Law-Shark
16:46
Well, you know now what to do.
16:47
well on their end they prob shouldn't just be buying hotel rooms for ppl who don't request it and then getting mad I didn't go
16:48
goof
16:48
Did you get any materials for admitted students day explaining that they would be booking hotel rooms?
16:49
there was an opt in on the form but I didn't select yes
16:49
Hmm, that's weird
16:50
i think it's unprofessional of them to call you like what if you had an emergency and had to leave? why is it their business why you didn't stay? not like they're lacking money and $100.00 hotel room is gona make them bankrupt
16:50
i figured it was an error and I was on the road so I didn't read into it. plus it would make more sense for it to be the night before cuz it started at 9am? so I was like uhhh and paid it no mind
16:51
@bigfatsloth: that's what i'm saying, they were gonna pay no matter what
16:54
"This is like peak disconenct between the male and female brain." like bffr
16:55
It was probably an administrative error then. I can't imagine why they would book hotel rooms for people that didn't select yes. I would maybe follow up with them and apologize for the misunderstanding to avoid any awkwardness
Denny
16:56
who watch that arsenal game
16:56
I'm a Chelsea fan unfortunately
damn why are yall fighting i the lsd.law gc
Denny
17:14
@ET025: but ur not watching champions league?
Denny
17:15
declan rice did a madness
17:20
@Denny: Not today. Doing more LSAT studying this afternoon, but I saw that. I think Chelsea missed out on him. (this is probably more suited for OT)
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