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).
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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
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

Examples of Dominion and control in a sentence

  • Dominion and control includes installation, storage, with- drawal from storage, distribution, or any other act preparatory to subsequent actual use or consumption of the article within this state.Example 33.

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

  • 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.

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

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

  • The total number of respondents from the distributed questionnaire are 187 respondents.

  • 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 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 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 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

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 a special account established by Borrowers at Bank of America or another bank acceptable to Agent, over which Agent has exclusive control for withdrawal purposes.

  • Blocked Account Control Agreement means the Cash Management Agreement among Borrower, Cash Management Account Bank and Lender providing for the exclusive control of the Cash Management Account and all other Subaccounts by Lender, substantially in the form of Exhibit A or such other form as may be reasonably acceptable to Lender, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time.

  • Management Services Agreements means an agreement, however styled, between (a) the Issuer or a Guarantor, on the one hand, and (b) a PC Entity, on the other hand, pursuant to which the Issuer or a Guarantor provides management services or similar services to such PC Entity. All references to Management Services Agreements shall also include all such related documents necessary to ensure that each relationship with each PC Entity meets the PC Entity Requirements.

  • 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 the deposit account control agreements or blocked account agreements in a form that is reasonably satisfactory to the Agent to be executed by each institution maintaining a deposit account or securities account for any of the Credit Parties, in favor of Agent, for the benefit of Secured Parties, as security for the Obligations to the extent required by Section 4.14(g) or any other provision of this Agreement or any Other Document.

  • 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 cash management arrangements.

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

  • Deposit Account Control Agreement means an agreement in a form that is reasonably satisfactory to the Administrative Agent establishing the Administrative Agent’s Control with respect to any Deposit Account.

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

  • Blocked Account Agreement means with respect to an account established by a Loan Party, an agreement, substantially in the form of Exhibit L hereto or otherwise in form and substance reasonably satisfactory to the Collateral Agent, establishing Control (as defined in the Security Agreement) of such account by the Collateral Agent and whereby the bank maintaining such account agrees, during any Cash Dominion Trigger Period, to comply only with the instructions originated by the Collateral Agent without the further consent of any Loan Party.

  • 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(e).

  • 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 reasonably 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 Lender, 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 Lender 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.

  • 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 an order of the Bankruptcy Court, in form and substance acceptable to the Required Lenders, (i) approving and authorizing the Loan Parties to use existing cash management system, (ii) authorizing and directing banks and financial institutions to honor and process checks and transfers, (iii) authorizing continued use of intercompany transactions, (iv) waiving requirements of Section 345(b) of the Bankruptcy Code and (v) authorizing the Loan Parties to use existing bank accounts and existing business forms.

  • 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).

  • energy management system means a set of interrelated or interacting elements of a plan which sets an energy efficiency objective and a strategy to achieve that objective;