constructive presence

constructive presence
Doctrine of constructive presence allows a coastal State to exercise jurisdiction over a foreign flag vessel that remains seaward of coastal State waters but acts in concert with another vessel (contact vessel) or aircraft that violates coastal State laws in waters over which the coastal State may exercise jurisdiction. In order to exercise jurisdiction over a “mothership” located seaward of coastal State waters, the contact vessel must be physically present in coastal State waters or be subject to coastal State jurisdiction under the doctrine of hot pursuit. Once pursuit of the mothership has legitimately commenced, it may proceed until it ceases to be continuous or until the mothership enters foreign territorial waters. Cases potentially involving the doctrine of constructive presence can be complex and should be quickly referred to higher authority.

Military dictionary. 2000.

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  • constructive presence — A fiction of criminal law whereby a person who is physically elsewhere at the time of the commission of the crime, is regarded as being present at the scene of the crime committed through agencies set in motion by that person. Hyde v United… …   Ballentine's law dictionary

  • presence — Act, fact, or state of being in a certain place and not elsewhere, or within sight or call, at hand, or in some place that is being thought of. The existence of a person in a particular place at a given time particularly with reference to some… …   Black's law dictionary

  • presence — The bearing or personality of a person. The fact of being at a place at a particular time. The meaning of the word depends upon the circumstances. No one can accurately define it. It implies an area which has no metes and bounds. Anything done… …   Ballentine's law dictionary

  • constructive flight — A fiction which has been adopted to secure the return, from a sister state as a fugitive from justice, of a person who has by his constructive presence committed a crime in the demanding state. 31 Am J2d Extrad § 5 …   Ballentine's law dictionary

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  • constructive contempt — A contempt of court committed, not in the presence of the court, but at some distance away from it, usually consisting in disobeying or resisting process, intimidating a witness, or giving a false report of judicial proceeding while the same is… …   Ballentine's law dictionary

  • constructive possession — noun (law) having the power and intention to have and control property but without direct control or actual presence upon it • Topics: ↑law, ↑jurisprudence • Hypernyms: ↑possession, ↑ownership …   Useful english dictionary

  • constructive contempt — noun : a contempt that is committed outside the presence of a court in session or of a judge acting in a judicial capacity and is either civil in character when in willful disobedience to a lawful order or decree made for the benefit of a party… …   Useful english dictionary

  • principal — adj Chief; leading; most important or considerable; primary; original. Highest in rank, authority, character, importance, or degree. As to principal challenge principal contract principal obligation principal office principal vein, see those… …   Black's law dictionary

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