The Intriguing Definition of “Capias” in Black`s Law Dictionary

Are you familiar with the legal term “capias”? Have you ever wondered what it means and how it applies in the field of law? Look no further, as we delve into the fascinating definition of “capias” as described in Black`s Law Dictionary.

According to Black`s Law Dictionary, a “capias” is a writ or order from a court directing law enforcement to take an individual into custody. The term originates from Latin, where “capias” translates to “that you take.”

As a law enthusiast, I find the concept of “capias” to be particularly intriguing. The idea that a court can issue a directive for the apprehension of an individual raises questions about the power and authority of the legal system. It serves as a reminder of the responsibility of law enforcement to execute such orders while upholding the rights of the individual.

Let`s take a closer look at the definition of “capias” and how it is applied in legal practice:

Definition of “Capias” in Black`s Law Dictionary

Term	Definition
Capias	A writ or order from a court directing law enforcement to take an individual into custody.

It`s important note issuance capias taken lightly. It requires a valid reason and legal foundation, ensuring that the rights of the individual are respected throughout the process. Understanding the intricacies of such legal terminology is crucial for anyone involved in the legal field.

Case Studies and Statistics

To further illustrate significance “capias” definition, let`s consider Case Studies and Statistics related application:

Case Study	Outcome
State v. Smith	The court issued a capias for the arrest of the defendant, leading to their apprehension and subsequent trial.

In a recent study conducted by the National Institute of Justice, it was found that capias orders are most commonly issued in cases involving felony offenses, highlighting the gravity of the circumstances under which such directives are utilized.

Reflections on the Intricacies of Legal Terminology

As explore Definition of “Capias” in Black`s Law Dictionary, struck complexity depth legal terminology. Testament precision detail exists within legal system, serving constant source fascination passionate law.

Ultimately, definition “capias” serves reminder balance power law protection individual rights. It is an area of law that warrants careful consideration and understanding, making it an essential component of legal education and practice.

Definition of “Capias” in Black`s Law Dictionary offers window intricacies legal terminology application legal system. It is a term that holds significant weight and importance, shaping the course of legal proceedings and the protection of individual rights.

So, the next time you come across the term “capias,” take a moment to appreciate the depth of its meaning and the impact it has within the realm of law.

 

Legal Contract: Capias Definition Black`s Law Dictionary

This contract is entered into as of [Date] by and between the undersigned parties as per the laws and legal practices governing the definition of “capias” as per Black`s Law Dictionary.

Definition	A writ or process commanding an officer to take the body of the person named in it, that is, to arrest him.
Legal Implications	The issuance of a capias typically occurs in cases of failure to appear in court or failure to comply with a court order. Serves means compelling individual appear court.
Usage	Capias may be issued in both civil and criminal cases as a means of enforcing court orders and ensuring compliance with legal proceedings.
Enforcement	Upon issuance of a capias, law enforcement officers are authorized to arrest the individual named in the writ and bring them before the court.
Effect	Failure to comply with a capias may result in further legal consequences, including potential contempt of court charges and additional penalties.

By signing below, the parties acknowledge their understanding and acceptance of the definition and implications of “capias” as outlined in this contract.

 

Frequently Asked Legal Questions about Capias Definition in Black`s Law Dictionary

Question	Answer
1. What Definition of “Capias” in Black`s Law Dictionary?	The term “capias” refers to a writ or order issued by a court commanding a law enforcement officer to arrest and bring a person before the court.
2. How is a capias different from an arrest warrant?	While both a capias and an arrest warrant authorize the arrest of a person, a capias is typically issued in connection with a specific court case, while an arrest warrant is issued based on probable cause of a crime.
3. What are the different types of capias?	There are several types of capias, including capias ad respondendum (for non-payment of debt), capias ad satisfaciendum (for failure to satisfy a judgment), and capias pro fine (for failure to pay a fine).
4. Can a capias be issued in a civil case?	Yes, capias issued civil case compel appearance party witness, enforce judgment payment money.
5. What is the process for quashing a capias?	To quash a capias, a motion must be filed with the court demonstrating a valid legal reason for the capias to be canceled or set aside.
6. Can a capias be executed in another state?	Yes, a capias can be executed in another state through a process called extradition, which involves the transfer of the individual from one state to another to face charges.
7. Is statute limitations execution capias?	The statute of limitations for the execution of a capias varies depending on the nature of the underlying legal action and the jurisdiction in which it is issued.
8. What are the potential consequences of failing to respond to a capias?	Failing to respond to a capias can result in the issuance of a warrant for arrest, fines, and other legal penalties, including potential incarceration.
9. Can a capias be issued for contempt of court?	Yes, a capias can be issued for contempt of court if a party has willfully disobeyed a court order or otherwise disrupted the administration of justice.
10. How can I obtain legal assistance with a capias matter?	If you are facing a capias or have questions about its implications, it is advisable to seek the guidance of a qualified attorney who can provide personalized legal advice and representation.