Dominion and control definition

Dominion and control means that the item “may be reduced to actual possession immediately.” State v. Jones, 146 Wn.2d 328, 333, 45 P.3d 1062 (2002). “Exclusive control is not necessary to establish constructive possession,” Cote, 123 Wn. App. at 549, but mere presence and proximity to the contraband is insufficient. State v. Spruell, 57 Wn. App. 383, 389, 788 P.2d 21 (1990). Physical proximity should be considered when evaluating whether dominion and control exist. State v. Hagen, 55 Wn. App. 494, 499, 781 P.2d 892 (1989).
Sample 1
Dominion and control means that the Collateral Agent shall have the authority to block withdrawals from the Operating Bank Account during an Event of Default, unless the Majority Banks shall have otherwise consented in writing. "Dominion and control" shall not mean that the Person maintaining such Operating Bank Account may not exercise from time to time any right of set off, charge back or the like that it may be entitled to assert."
Sample 1
Dominion and control shall not mean that the Person maintaining such Operating Bank Account may not exercise from time to time any right of set off, charge back or the like that it may be entitled to assert."
Sample 1

Examples of Dominion and control in a sentence

  • The right to pre-trial release is poorly developed in most countries and being in custody limits the ability of suspects to prepare their defence.

  • Dominion and control or “single economic” unit is often demonstrated by examining a non-exhaustive list of factors, including (a) an insolvent or undercapitalized subsidiary; (b) siphoning of value from the subsidiary by the parent; and (c) the failure to observe corporate formalities.

  • Id. Dominion and control exists when the person can immediately convert the item to his or her actual possession.

  • Dominion and control is broadly defined to include "storage, withdrawal from storage preparatory to subsequent actual use or any other act preparatory to subsequent actual use or consumption within this state .

  • Dominion and control can be over “either the drugs or the premises on which the drugs were found.” State v.

  • Dominion and control need not be exclusive to support a finding of constructive possession.

  • Dominion and control need not be exclusive to establish constructive possession, but close proximity alone is insufficient; other facts must enable the trier of fact to infer dominion and control.

  • Dominion and control means the defendant had the ability to reduce the item to actual possession immediately, or was otherwise able to govern its use or disposition as if in physical possession.

  • Dominion and control may be proven by circumstantial evidence alone.

  • Dominion and control over a weapon are sufficient to constitute constructive possession even if the control is only temporary in nature and even if the control is shared with another person.


More Definitions of Dominion and control

Dominion and control means ownership or right to the [firearm] [offensive weapon] and the power or authority to manage, regulate or oversee its use.” Iowa Crim. Jury Instructions 2400.9.
Sample 1

Related to Dominion and control

  • Dominion Period has the meaning given to such term in the Intercreditor Agreement.

  • Control Agreements means, collectively, the Deposit Account Control Agreement, the Securities Account Control Agreement and the Commodity Account Control Agreement.

  • Dominion Account shall have the meaning assigned to such term in Section 5.11(b).

  • Blocked Account Control Agreement means the Cash Management Agreement among Borrower, Collection Account Bank and Lender providing for the exclusive control of the Collection Account and all other Accounts by Lender, substantially in the form of Exhibit A or such other form as may be reasonably acceptable to Lender.

  • Management Services Agreements means, collectively, (i) the Management Services Agreement, dated as of August 4, 2020, by and between Peabody Investments Corp. and each of the Client Companies listed on the signature page thereto and (ii) the Management Services Agreement, dated as August 4, 2020, by and between Peabody Energy Australia Pty Ltd and each of the Client Companies listed on the signature page thereto, in each case, as amended, modified or replaced from time to time so long as the amended, modified or new arrangements, taken as a whole at the time such arrangements are entered into, are not materially less favorable to the Main Issuer and its Subsidiaries than those in effect on the Issue Date.

  • Management Services Agreement has the meaning set forth in Section 2.1(d).

  • Case management services means planned referral, linkage, monitoring and support, and advocacy provided in partnership with a consumer to assist that consumer with self sufficiency and community tenure and take place in the individual’s home, in the community, or in the facility, in accordance with a service plan developed with and approved by the consumer and qualified staff.

  • Deposit Account Control Agreements means, with respect to each deposit account that is required by the Collateral Agreement to be subject to a control agreement, a deposit account control agreement executed by the Borrower, the Administrative Agent as the secured party thereto, and the deposit bank, as each may be amended, restated, supplemented or otherwise modified from time to time.

  • Cash Management Services means any cash management or related services including treasury, depository, return items, overdraft, controlled disbursement, merchant store value cards, e-payables services, electronic funds transfer, interstate depository network, automatic clearing house transfer (including the Automated Clearing House processing of electronic funds transfers through the direct Federal Reserve Fedline system) and other customary cash management arrangements.

  • Cash Management Systems has the meaning ascribed to it in Section 1.8.

  • Deposit Account Control Agreement means an agreement, in form and substance satisfactory to the Agent (in its Permitted Discretion), among any Loan Party, a banking institution holding such Loan Party’s funds, and the Agent with respect to collection and control of all deposits and balances held in a deposit account maintained by any Loan Party with such banking institution, as amended, supplemented or otherwise modified from time to time in accordance with the terms thereof.

  • Blocked Account Agreements has the meaning set forth in Section 2.22(c).

  • Blocked Account Agreement means an agreement among the Borrower, the Agent and a Clearing Bank, in form and substance reasonably satisfactory to the Agent, concerning the collection of payments which represent the proceeds of Accounts or of any other Collateral.

  • Deposit Account Agreement means the Deposit Account Agreement and Disclosure, as may be amended from time to time, issued by the Custodian and available on the Custodian’s internet customer portal, “xx.xxxxxxxxxxx.xxx”.

  • Cash Management System shall have the meaning assigned to such term in Section 9.01.

  • Control Account Agreement means any tri-party agreement by and among a Loan Party, the Administrative Agent and a depositary bank or securities intermediary at which such Loan Party maintains a Controlled Account, in each case in form and substance satisfactory to the Administrative Agent.

  • Property management system means the Contractor’s system or systems for managing and controlling Government property.

  • Account Control Agreement(s) means any agreement entered into by and among the Agent, Borrower and a third party Bank or other institution (including a Securities Intermediary) in which Borrower maintains a Deposit Account or an account holding Investment Property and which grants Agent a perfected first priority security interest in the subject account or accounts.

  • Security Management Plan means the Supplier's security management plan prepared pursuant to paragraph 3 of schedule 2 an outline of which is set out in paragraph 2.7 of the Order Form as updated from time to time;

  • Control Agreement is any control agreement entered into among the depository institution at which Borrower maintains a Deposit Account or the securities intermediary or commodity intermediary at which Borrower maintains a Securities Account or a Commodity Account, Borrower, and Bank pursuant to which Bank obtains control (within the meaning of the Code) over such Deposit Account, Securities Account, or Commodity Account.

  • Emergency medical services provider means a person who has received formal training in prehospital and emergency care, and is licensed to attend any person who is ill or injured or who has a disability. Police officers, firefighters, funeral home employees and other persons serving in a dual capacity one of which meets the definition of “emergency medical services provider” are “emergency medical services providers” within the meaning of this chapter.

  • Database Management System (“DBMS”) is a computer process used to store, sort, manipulate and update the data required to provide Selective Routing and ALI.

  • Control apparatus means any device which prevents or controls the emission of any air contaminant directly or indirectly into the outdoor atmosphere.

  • Cash Management Order means the order of the Bankruptcy Court entered in the Chapter 11 Case, together with all extensions, modifications and amendments that are in form and substance acceptable to the Agent in its Permitted Discretion, which, among other matters, authorizes the Loan Parties to use their cash management system, substantially in the form of Exhibit H.

  • Lockbox Account Agreement means any replacement agreement therefor among the Servicer, the Trust Collateral Agent and the Lockbox Bank.

  • Blocked Account has the meaning provided in Section 6.13(a)(ii).