habeas corpus

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Related to Great writ: Habeas petition

ha·be·as corpus

 (hā′bē-əs)
n.
1. A writ that a person may seek from a court to obtain immediate release from an unlawful confinement, as when the confinement has occurred through a means that violated the person's constitutional rights.
2. The right of a person to obtain such a writ.

[Middle English, from Medieval Latin habeās corpus, produce the body (from the opening words of the writ) : Latin habeās, second person sing. present subjunctive of habēre, to have + Latin corpus, body.]

habeas corpus

(ˈheɪbɪəs ˈkɔːpəs)
n
(Law) law a writ ordering a person to be brought before a court or judge, esp so that the court may ascertain whether his detention is lawful
[C15: from the opening of the Latin writ, literally: you may have the body]

ha•be•as cor•pus

(ˈheɪ bi əs ˈkɔr pəs)
n. Law.
1. a writ requiring a person to be brought before a judge or court, esp. to determine whether the person has been detained or imprisoned legally.
2. the right to obtain such a writ as a protection against illegal detention or imprisonment.
[1350–1400; < Latin: literally, have the body (first words of writ)]

habeas corpus

A writ requiring a person to be brought before a court so that it can be decided whether or not the person’s detention is lawful.
ThesaurusAntonymsRelated WordsSynonymsLegend:
Noun1.habeas corpus - a writ ordering a prisoner to be brought before a judge
judicial writ, writ - (law) a legal document issued by a court or judicial officer
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
2.habeas corpus - the civil right to obtain a writ of habeas corpus as protection against illegal imprisonment
civil right - right or rights belonging to a person by reason of citizenship including especially the fundamental freedoms and privileges guaranteed by the 13th and 14th amendments and subsequent acts of Congress including the right to legal and social and economic equality
law, jurisprudence - the collection of rules imposed by authority; "civilization presupposes respect for the law"; "the great problem for jurisprudence to allow freedom while enforcing order"
Translations

habeas corpus

[ˈheɪbɪəsˈkɔːpəs] N (Jur) → hábeas corpus m

habeas corpus

n (Jur) → Habeaskorpusakte f; to file a writ of habeas corpuseinen Vorführungsbefehl erteilen; the lawyer applied for a writ of habeas corpusder Rechtsanwalt verlangte, dass sein Klient einem Untersuchungsrichter vorgeführt wurde

habeas corpus

[ˈheɪbɪəs ˈkɔːpəs] n (Law) → habeas corpus m inv
References in periodicals archive ?
Later chapters are dedicated to prison conditions, correspondence and visitation, religion, searches and use of force, cruel and unusual punishment, access to courts and legal assistance, inmate lawsuits, the great writ, and sexual violence in prisons.
The writ of habeas corpus has long been celebrated as an indispensable piece of American democracy, and any restrictions on the writ's availability are met with the "immediate incantation of the Great Writ.
Wainwright over all other substantial claims of constitutional error finds no support in the history and function of the Great Writ.
Anthony Gregory has written a book that is both fiery and cool-headed, and he is an excellent guide to the circuitous and bumpy ride that is the history of the Great Writ.
He declared that "the Constitution invites, if it does not compel, a generous construction of the power of the federal courts" to grant what he, like others going back to this country's founding, reverentially called the Great Writ.
But alas, there can be little shaming without naming, and while the rights of all individuals should be protected, many will not choose to exercise their rights if they know a hurdy great writ will be served on them, even when they feel the law is on their side, and they know that they speak the truth.
The Court has commented that "[a]lthough in form the Great Writ is simply a mode of procedure, its history is inextricably intertwined with the growth of fundamental rights of personal liberty.
HABEAS FOR THE TWENTY-FIRST CENTURY: USES, ABUSES, AND THE FUTURE OF THE GREAT WRIT.
If the Great Writ was circumscribed in its use in individual cases by the care and caution among the judiciary about the nature of the interpretative exercise, then in the hands of the more creative judges it had a remarkable capacity for expanding, both functionally in terms of the types of contexts and detainees embraced, and jurisdictionally in the range of territories and spaces in which it ran.