Also known as:captions (taking) · caption · captions · capture · seizure
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
in criminal law
The element of larceny that requires the defendant to obtain actual control over the property of another. Control is achieved when the defendant secures the ability to exclude others from the property, such as by placing it in a closed container and beginning to move it.
2
Sense 1
1
in criminal law
The element of larceny that requires the defendant to obtain actual control over the property of another. Control is achieved when the defendant secures the ability to exclude others from the property, such as by placing it in a closed container and beginning to move it.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
Common Law
Sense 2
2
in civil procedure
The heading required on every pleading that includes the court's name, a title naming the parties, a file number, and a Rule 7(a) designation. The title of the complaint must name all parties while later pleadings may refer generally to additional parties after naming the first on each side.
Sources & Authorities· 1 primary source
Select any source to read its text and confirm it supports the definition.
The heading required on every pleading that includes the court's name, a title naming the parties, a file number, and a Rule 7(a) designation. The title of the complaint must name all parties while later pleadings may refer generally to additional parties after naming the first on each side.
Each sense below has its own examples, sources, and questions.
Examples5
Tools Secured in Backpack
Carlos Castillo reached into an open bin at a construction site and removed five marked power tools belonging to South Development. He placed each tool inside his zipped personal backpack and lifted the pack onto his shoulder before walking thirty feet across the gravel lot. The site supervisor stopped him before he reached the gate. Because Carlos had placed the tools inside the closed backpack and begun moving them, he obtained the actual control required for caption.
Mislaid Property Taken from Bin
Cecilia Cabrera removed several items from a communal storage bin on a worksite after the owner had left the premises. She placed the items into her own vehicle and drove away. Cecilia's actions satisfied caption because she obtained actual control over the property.
Control Through Innocent Agent
Colin Chambers directed an unknowing delivery driver to retrieve equipment from a loading dock and bring it to his warehouse. The driver followed the instructions and transferred the equipment into Chambers's storage unit. Chambers thereby acquired actual control over the property even though he never touched it himself.
Moving Property Without Control
Cameron Cruz shifted several crates a few feet to clear a path but left them on the same loading dock. He did not place the crates in a container or remove them from the premises. Because Cruz never gained the ability to exclude others from the crates, caption was not satisfied.
Joint Owner Taking Dispute
Cassandra Cooper took equipment that she and her business partner had purchased together for their shared venture. She moved the equipment to a separate location without the partner's knowledge. Caption did not support a larceny charge.
Frequently Asked3
What must the prosecution prove to establish the caption element of larceny?+
The prosecution must show that the defendant actually obtained control over the property. Placing items inside a zipped backpack and beginning to carry them satisfies this requirement even if the defendant is later stopped before leaving the premises.
Supporting sources
Does merely moving property satisfy caption?+
No. Shifting property a short distance without securing control does not satisfy caption. The defendant must gain the ability to exclude others, such as by placing the items in a closed container or removing them from the area.
Supporting sources
How does caption differ from asportation in larceny?+
Caption requires obtaining actual control while asportation requires carrying the property away. Both elements must be proven separately, though slight movement after control is obtained can satisfy asportation.
Supporting sources
Examples1
Complaint Caption Requirements
Caleb Chang filed a complaint in federal district court against Crown Pharmaceuticals alleging breach of contract. The document began with the court's name, the file number, and the designation "Complaint" under Rule 7(a). The title listed Caleb Chang as plaintiff and Crown Pharmaceuticals as defendant. This format satisfied the caption requirements for the initial pleading.
Frequently Asked1
What information must appear in the caption of a complaint?+
The caption must include the court's name, the title naming all parties, the file number, and the Rule 7(a) designation. Later pleadings may shorten the party list after naming the first party on each side.
Supporting sources
384 U.S. 436 (1966)Evidence
…testatrix says she intends to will her property to Elizabeth. John and James want her to bequeath it to them instead. They capture the testatrix, put her in a carefully designed room, out of touch with everyone but themselves and their convenient witnesses,' keep her secluded there for hours while they make insistent…