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habeas corpus

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noun ha·be·as cor·pus \ˈhā-bē-əs-ˈkȯr-pəs\

Simple Definition of habeas corpus

  • law : an order to bring a jailed person before a judge or court to find out if that person should really be in jail

Source: Merriam-Webster's Learner's Dictionary

Full Definition of habeas corpus

  1. 1 :  any of several common-law writs issued to bring a party before a court or judge; especially :  habeas corpus ad subjiciendum

  2. 2 :  the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment

Examples of habeas corpus in a sentence

  1. apply for a writ of habeas corpus



Origin and Etymology of habeas corpus

Middle English, from Medieval Latin, literally, you should have the body (the opening words of the writ)


First Known Use: 15th century


Law Dictionary

habeas corpus

play
noun habeas cor·pus \-ˈkȯr-pəs, -ˌpu̇s\

Legal Definition of habeas corpus

  1. :  any of several writs originating at common law that are issued to bring a party before the court; especially :  habeas corpus ad subjiciendum in this entry <the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it — U.S. Constitution art. I> habeas corpus ad faciendum et recipiendum \-ˌad-ˌfa-sē-ˈen-dəm-et-ri-ˌsi-pē-ˈen-dəm, -ˌfa-shē-ˈen-; -ˌäd-ˌfä-kē-ˈen-du̇m-et-rā-ˌkē-pē-ˈen-du̇m\ New Latin, literally, you should have the body for doing and receiving :  habeas corpus cum causa in this entry habeas corpus ad prosequendum \-ˌad-ˌprä-si-ˈkwen-dəm, -ˌäd-ˌprō-sā-ˈkwen-du̇m\ New Latin, literally, you should have the body for prosecuting :  a writ for removing a prisoner for trial in the jurisdiction of the issuing court where the prisoner committed a crime habeas corpus ad subjiciendum \-ˌad-səb-ˌji-sē-ˈen-dəm, -ˌji-shē-; -ˌäd-su̇b-ˌyi-kē-ˈen-du̇m\ play New Latin, literally, you should have the body for submitting :  an extraordinary writ issued upon a petition challenging the lawfulness of restraining a person who is imprisoned or otherwise in another's custody —called also the Great Writ Editor's note: Habeas corpus ad subjiciendum is an extraordinary remedy, and is by far the most frequently used writ of habeas corpus. It is an independent civil action and a form of collateral attack to determine not the guilt or innocence of the person held in custody, but whether the custody is unlawful under the U.S. Constitution. Common grounds for relief under the writ include a conviction based on illegally obtained evidence, a denial of effective assistance of counsel, or a conviction by a jury that was improperly selected and impaneled. The degree of restraint on a person's liberty that is necessary to constitute custody entitling a person to habeas corpus relief is not viewed uniformly by the courts. Use of the writ is not limited to criminal matters. It is also available in civil matters, as, for example, to challenge a person's custody of a child or the institutionalization of a person declared incompetent. habeas corpus ad testificandum \-ˌad-ˌtes-ti-fi-ˈkan-dəm, -ˌäd-ˌtes-tē-fē-ˈkän-du̇m\ New Latin, literally, you should have the body for testifying :  a writ for bringing a person into a court as a witness habeas corpus cum causa \-ˌkəm-ˈkȯ-zə, -ˌku̇m-ˈkau̇-sä\ New Latin, literally, you should have the body with the cause :  a writ issued from a superior court to an inferior court requiring that a defendant be produced along with the cause for which the defendant has been taken and held —called also habeas corpus ad faciendum et recipiendum



Origin and Etymology of habeas corpus

Medieval Latin, literally, you should have the body (the opening words of the writ)



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