Habeas corpus

Habeas Corpus
Related Category: Legal Terms and Concepts
(h´bs kõr´ps) [Lat.

habeas corpus
Lat. "you have the body" Prisoners often seek release by filing a petition for a writ of habeas corpus.

Habeas corpus: Usually the last legal effort by a prisoner after all appeals are exhausted to challenge the authority of the prison or jail warden to continue to hold him.

Habeas Corpus definition:
Latin: a court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful.
Related Terms: Certiorari, Prohibition, Mandamus, Quo Warranto ...

Habeas Corpus
( n) Habeas Corpus is the Court order directing the law enforcement authorities to produce a prisoner supposed to be in custody of them, in the designated court , in person.

Habeas Corpus: A writ commanding that a person be brought before a judge.

Habeas corpus Latin: a court petition which orders that a person being detained be produced before a judge for a hearing to decide whether the detention is lawful.

Habeas corpus faciendum et recipiendum. That you have the body for doing and receiving.

HABEAS CORPUS
Latin for "You have the body." A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him.

Habeas Corpus(see Prerogative Writs)HearingGeneric label to describe a proceeding. Default Hearing ...

HABEAS CORPUS, remedies A writ of habeas corpus is an order in writing, signed by the judge who grants the same, and sealed with the seal of the court of he is a judge, issued in the name of the sovereign power where it is granted, ...

Habeas corpus - The name of a writ having for its object to bring a person before a court.

Habeas Corpus - Latin for "You have the body." Most often, a writ of habeas corpus is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement.

habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.

Habeas Corpus
A writ used in both criminal and civil proceedings to obtain the release of an individual in custody by testing the constitutionality of the incarceration.

habeas corpus: "You have the body." - the name given a variety of writs whose object is to bring a person before a court or judge - in most common usage, it is directed to the official or person detaining another, ...

HABEAS CORPUS (Petition for) - From the Latin, this translates to "you have the body.

HABEAS CORPUS: Latin phrase meaning "you have the body." Prisoners often seek release by filing a petition for a writ of habeas corpus.

Habeas Corpus: A court order used to bring a person physically before a court in order to test the legality of the person's detention.

habeas corpus - Latin phrase meaning "you have the body"; A civil proceeding used to review the legality of a prisoner's confinement in criminal cases.

Habeas corpus
A writ used as a means to bring a person before the court to determine whether he/she is being detained unlawfully.

habeas corpus The name given to a variety of writs having for their object to bring a person before the court or a judge.

habeas corpus: The name of a writ used to bring a person before a court or judge to decide whether that person is being unlawfully denied his or her freedom. The term comes from Latin.

Habeas Corpus (Latin):
A term meaning "you have the body." A writ used as a means to bring a person before the court to determine whether he/she is being detained unlawfully.
Harmless Error: ...

habeas corpus
To have the body. A prerogative writ (q.v.) directed to a person who holds someone in custody commanding him or her to produce that person before a court.
hand-up brief ...

Term: Habeas Corpus
Definition: A writ used in both criminal and civil proceedings to obtain the release of an individual in custody by testing the constitutionality of the incarceration.

Habeas corpus ad subjiciendum
Definition -
[New Latin, literally, you should have the body for submitting] ...

The Habeas Corpus Act 1679 states, "A Magistrate shall discharge prisoners from their Imprisonment taking their Recognizance, with one or more Surety or Sureties, in any Sum according to the Magistrate's discretion, ...

Habeas Corpus Literally, to have the body. Habeas is a procedure by which one can test the right of the warden of a prison, for example, to hold an accused person who has not yet been charged or for whom no bail has been set.

Writ of habeas corpus ad prosequendum - A writ of the court ordering that a defendant be brought before the court to testify.
Writ of habeas corpus ad testificandum- A writ of the court ordering that a prisoner be brought before the court to testify.

Held to be the precursor of habeas corpus as Article 39 of the Magna Carta held that no man shall be "imprisoned, exiled or destroyed ... except by lawful judgment of his peers or by the law of the land".

is closely tied with the Writ of habeas corpus, which is in essence the right to a hearing on lawful imprisonment, or more broadly, the supervision of law enforcement by the judiciary.

When a prisoner is brought before a judge on habeas corpus, for the purpose of obtaining liberty, the judge hears the case, and either discharges him or remands him.

"A finding of actual innocence, as that term has come to be used in federal habeas corpus jurisprudence, is not the equivalent of a finding of not guilty by a jury or by a court in a bench trial.' Lambert v. Blackwell, 134 F.

Habeas corpus was an early expression of the audi alteram partem principle. In more recent years, it has been extended to include the right to receive notice of a hearing and to be given an opportunity to be represented or heard.
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The Privy Council in 1902 (re Marais) refused leave to appeal where the Supreme Court of Cape Colony had declined to issue a writ of Habeas Corpus in these circumstances. Mr Justice Blackburn in his charge in R. v.

respondent : one who answers or defends in various proceedings: as a : an answering party in an equitable proceeding b : a party against whom a petition (as for a writ of habeas corpus) seeking relief is ...
restraining order see order ...

extraordinary writA writ, often issued by an appellate court, making available remedies not regularly within the powers of lower courts. They include writs of habeas corpus, mandamus, prohibition and quo warranto.

Writ:
Form of written notice or command issued by a Court or other official. Can include Writ of Summons, Writ of Subpoena, Writ of Attachment, Writ of Habeas Corpus, etc.

See also: Corpus, Court, Law, State, Person