tag:blogger.com,1999:blog-4098620.post112319518818877179..comments2024-03-15T04:02:42.341-04:00Comments on CrimLaw: Caption & ApsortationUnknownnoreply@blogger.comBlogger10125tag:blogger.com,1999:blog-4098620.post-1123472049025099402005-08-07T23:34:00.000-04:002005-08-07T23:34:00.000-04:00"Vae victis"? Brennus has a blog?"Vae victis"? Brennus has a blog?Mister DAhttps://www.blogger.com/profile/12557780546647365805noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1123263918554499522005-08-05T13:45:00.000-04:002005-08-05T13:45:00.000-04:00My state still uses asportation, so any intern tha...My state still uses asportation, so any intern that we'ed let into court would would know what that meant. The last time caption appears to have been used in the sense of taking control of an object, as opposed the heading of a pleading, appears to be 1863 or thereabouts.<BR/><BR/>American Heritage notes : "[Middle English capcioun, arrest, from Old French capcion, from Latin captiĀ½, captiĀ½n-, from captus, past participle of capere, to seize."Mister DAhttps://www.blogger.com/profile/12557780546647365805noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1123254761775925062005-08-05T11:12:00.000-04:002005-08-05T11:12:00.000-04:00Two people. Aha, now I understand.(And, ah, sorry...Two people. Aha, now I understand.<BR/><BR/>(And, ah, sorry about the language problem. I accidentally clicked "Publish" instead of "Preview" so you got the unrestrained first draft.)Windypundithttps://www.blogger.com/profile/01788171819370012437noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1123252661108375712005-08-05T10:37:00.000-04:002005-08-05T10:37:00.000-04:00WP,To a lot of my clients "dominion and control" a...WP,<BR/><BR/>To a lot of my clients "dominion and control" and "take and carry away" are impenetratable legalisms; I don't have to go as far as I did here.<BR/><BR/>Well, I wasn't just "messing with" the intern; that would be wrong. I was trying to give him a sense that he earned his victory and perhaps learned something along the way. Yeah, Yeah . . .<I> that's the ticket</I> . . .<BR/><BR/>They proved someone else carried the item away from the store. Of course, the item was found locked in the trunk of Client's car after he left the store, but still, she took it and the defense would be something along the lines of "She meant to steal it, he just meant for her to put it back on the shelf and then go out to the car and get his smokes."Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1123252137926433962005-08-05T10:28:00.001-04:002005-08-05T10:28:00.001-04:00..."and so who won"? I need to know!!!..."and so who won"? I need to know!!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1123252105214909432005-08-05T10:28:00.000-04:002005-08-05T10:28:00.000-04:00The prosecution won. Video tape of Client waving ...The prosecution won. Video tape of Client waving someone inside the store, handing that person both the item and keys to his car, and that person turning and walking straight out of the store was pretty hard to get around. Client and compadres had a story but there would have been moments on the tape where there were conversations (nobody spoke on the tape; they just acted) for it to have been semi-believable.Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1123247706914266862005-08-05T09:15:00.000-04:002005-08-05T09:15:00.000-04:00.....Windypundit said... Good lord. You know, if y........<BR/>Windypundit said... <BR/>Good lord. You know, if you tossed out that sort of thing more often, maybe your clients would think you were a real lawyer after all.<BR/><BR/>So how do you prove that someone carried something away without also proving that they had dominion and control? Or were you just [mess]ing with him?Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1123220091963715642005-08-05T01:34:00.000-04:002005-08-05T01:34:00.000-04:00So who won?So who won?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1123204740797700992005-08-04T21:19:00.000-04:002005-08-04T21:19:00.000-04:00From Webster's 3d New International (1971):Caption...From Webster's 3d New International (1971):<BR/><BR/>Caption: <I>archaic</I>: act of taking or seizing: seizure.<BR/><BR/>I've never seen it used that way except in Virginia case law and seizure (under case law) does seem to mean more than just picking something up. In other words, caption doesn't occur when you pick up a DVD and carry it to the cashier to buy. However, it does occur when you pick it up and head out the door without paying (or stick it in your pocket).Ken Lammershttps://www.blogger.com/profile/15646250142814585354noreply@blogger.comtag:blogger.com,1999:blog-4098620.post-1123200880732918922005-08-04T20:14:00.000-04:002005-08-04T20:14:00.000-04:00Asportation I knew, from being an annoying diction...Asportation I knew, from being an annoying dictionary reader, but what is caption? Obviously, "dominion and control", and I can guess the root, but in your specific legal context, <A HREF="http://www.thelawencyclopedia.com/term/caption" REL="nofollow">Heading or introductory party of a pleading</A> doesn't make much sense.Anonymousnoreply@blogger.com