Also known as: capitale · capitalis · capital crime · capital punishment
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A crime punishable by death. The classification triggers heightened procedural protections including the requirement of a grand jury indictment in federal cases and special rules governing expert mental health evidence and sentencing proceedings.
A crime punishable by death. The classification triggers heightened procedural protections including the requirement of a grand jury indictment in federal cases and special rules governing expert mental health evidence and sentencing proceedings.
Select any source to read its text and confirm it supports the definition.
Money or assets contributed to or invested in a business enterprise. The term distinguishes initial or agreed contributions from later advances that create reimbursement rights and from expenditures that may render a license irrevocable when made in reliance on representations about duration.
Select any source to read its text and confirm it supports the definition.
Money or assets contributed to or invested in a business enterprise. The term distinguishes initial or agreed contributions from later advances that create reimbursement rights and from expenditures that may render a license irrevocable when made in reliance on representations about duration.
Each sense below has its own examples, sources, and questions.
Federal prosecutors charged Chloe Chen with a crime carrying the death penalty. Because the offense qualified as capital, the government presented the case to a grand jury before filing an indictment. The grand jury returned a true bill, satisfying the constitutional prerequisite for proceeding to trial.
Police questioned Carmen Choi for several hours after her arrest on capital murder charges. The officers obtained a detailed statement without first advising her of the right to remain silent. The statement was later suppressed because the interrogation occurred in a capital case without the required warnings.
A capital charge requires a grand jury indictment in federal court under the Fifth Amendment. Additional rules govern notice of mental health evidence, sealing of examination reports, and limits on using statements made during court-ordered examinations. These protections ensure heightened reliability in cases carrying the death penalty.
Supporting sources
Crestview Holdings granted Camila Cervantes a license to operate a facility on its land and represented that the arrangement would last at least ten years. Relying on that assurance, Camila spent substantial sums installing permanent equipment. When Crestview later sought to terminate the license, Camila remained entitled to continue operations long enough to recover her capital outlay.
Cameron Cruz and Cade Carpenter formed a partnership with each agreeing to contribute $50,000 in capital. Cameron later advanced an additional $30,000 to cover operating expenses. The partnership reimbursed Cameron for the excess advance, treating it as a loan that accrued interest from the date of payment.
In dissolving their marriage, the court apportioned assets between Corinne Cho and her spouse. The judge considered each party's opportunity to acquire future capital assets and income when deciding the final division. The resulting order reflected the statutory factors without regard to marital misconduct.
Cobalt Energy shareholders sued the company's officers in Delaware over alleged mismanagement. The plaintiffs attached the officers' shares of capital stock located in the state. The presence of that stock provided the basis for quasi-in-rem jurisdiction over the nonresident defendants.
An advance beyond the amount a partner agreed to contribute creates a loan that the partnership must reimburse with interest. A capital contribution forms part of the partner's ownership stake and does not automatically trigger reimbursement. The distinction determines whether the partner receives repayment priority or merely an equity adjustment.
Supporting sources
Expenditures of capital or labor made in reasonable reliance on the licensor's representations about license duration render the license irrevocable to the extent necessary to realize on those expenditures. The licensee may continue the permitted use until the outlays are recovered. Mere permission without such reliance does not create the same protection.
Supporting sources
The presence of capital stock within a state can provide a basis for quasi-in-rem jurisdiction when the stock is attached. Courts must still evaluate whether the forum has sufficient contacts with the underlying controversy under due process standards. Mere stock situs without additional ties may not satisfy constitutional requirements.
Supporting sources
…criminal abortion statute, Lord Ellenborough's Act, 43 Geo. 3, c. 58, came in 1803. It made abortion of a quick fetus, § 1, a capital crime, but in § 2 it provided lesser penalties for the felony of abortion before quickening, and thus preserved the "quickening" distinction. This contrast was continued in the general revision…