Which term is a legal theory used to extend possession to situations where a person has no hands-on custody of an object, often called "possession in the law"?

• A. Constructive possession
• B. Actual possession
• C. Omission
• D. Affirmative defense

Answer: (A)

Constructive possession is a way law treats someone as possessing property even without having it in their hands. It works because possession in law looks at power and intent to control an item, not just physical custody. If you have the ability to control the item and the intention to exercise that control, you’re considered to possess it even though you’re not in actual contact with it. This is why the concept extends possession to situations where there’s no hands-on custody—for example, when you own or control a place or container where contraband or property is kept and you can access or direct it at will.

In contrast, actual possession means you are physically holding or carrying the item. The other terms don’t describe possession in the legal sense: omission isn’t a theory about possessing property, and an affirmative defense is a type of defense, not a theory of possession.