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habeas corpus

noun ha·be·as cor·pus \ ˈhā-bē-əs-ˈkȯr-pəs \
|Updated on: 17 Jul 2018

Definition of habeas corpus

1 : any of several common-law writs issued to bring a party before a court or judge; especially : habeas corpus ad subjiciendum
2 : the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment

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Examples of habeas corpus in a Sentence

  1. apply for a writ of habeas corpus

Recent Examples of habeas corpus from the Web

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Did You Know?

The literal meaning of habeas corpus is "You shall have the body"—that is, the judge must have the person charged with a crime brought into the courtroom to hear what he's been charged with. Through much of human history, and in many countries still today, a person may be imprisoned on the orders of someone in the government and kept behind bars for years without ever getting a chance to defend himself, or even knowing what he's done wrong. In England, the right to be brought before a judge to hear the charges and answer them was written into law over 300 years ago, and the U.S. adopted the British practice in its Constitution.

Origin and Etymology of habeas corpus

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

Other Legal Terms

actionable, alienable, carceral, chattel, complicity, decedent, larceny, malfeasance, modus operandi

HABEAS CORPUS Defined for English Language Learners

habeas corpus

noun

Definition of habeas corpus for English Language Learners

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

Law Dictionary

habeas corpus

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

legal Definition of habeas corpus

: 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 play \-ˌad-səb-ˌji-sē-ˈen-dəm, -ˌji-shē-; -ˌäd-su̇b-ˌyi-kē-ˈen-du̇m\
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
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)

Learn More about habeas corpus

  1. Nglish: Translation of habeas corpus for Spanish speakers Britannica.com: Encyclopedia article about habeas corpus

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