habeas corpus

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Related to Habeas Corpus Act: Bill of Rights, Magna Carta, Bill of Rights 1689

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 classic literature ?
The trial by jury in criminal cases, aided by the habeas corpus act, seems therefore to be alone concerned in the question.
(12) Dating back to at least 1679, (13) the evolution of "the Great Writ" (14) has been called the "history of the ever-greater manifestation of ideals of fairness, due process, and humanitarianism." (15) The United States ingrained access to habeas corpus in Article I, Section IX of the Constitution, which states: "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." (16) But despite the broad sentiments of the Constitution, state prisoners were not permitted to seek habeas relief in federal courts until the Habeas Corpus Act of 1867.
1679: The Habeas Corpus Act, stating that nobody could be held in prison without trial, was passed.
Madrid, Rome, Vienna, Berlin In Britain, 'The Habeas Corpus Act' of 1679 was passed during the reign which monarch?
(151) For example, in Ontario, the Habeas Corpus Act, RSO 1990, c HI, s 5 allows a person to seek production of the evidence concerning their "restraint of liberty".
(33) Congress eventually empowered federal judges to consider state custody in the Habeas Corpus Act of 1867, (34) and 28 U.S.C.
(9) Seemingly "semi-obscure," (19) AEDPA was "the most significant habeas reform" since the Habeas Corpus Act of 1867.11 Since its enactment, however, "AEDPA has proven to be as confusing as it is controversial." (12) Among its changes, AEDPA added a number of daunting procedural hurdles for habeas petitioners, including a tighter exhaustion requirement, a one-year statute of limitations, and a ban on "successive petitions." (13)
Described as "the most celebrated writ in English law" (30) and as "that great bulwark of our constitution," (31) the habeas corpus act is one of the most important defenses available against illegal and secretive detention and all that it implies.
Reed (professor emeritus of law, Widener University School of Law) argues that the trial was inherently unconstitutional and unfair because Congress never authorized trial by military commission for the eight accused civilians; by demanding that the accused be tried in this fashion, President Andrew Johnson exceeded his legal authority, and defied the Habeas Corpus Act of 1863 which required him to turn over the accused to civilian authorities for prosecution.
White finds the Habeas Corpus Act of 1863--which made suspending the writ legal, military tribunals in the North illegal, and offered protection to Union officials--to be "a dismal failure" (6).
4388, the Right to Habeas Corpus Act, would provide that nothing in the AUMF or NDAA 2012 is to be construed to deny the availability of habeas corpus in an Article III court for any person who is detained in the United States pursuant to the AUMF.
On the one hand, it provided the statutory means whereby the writ could be strengthened, the claim made about the Habeas Corpus Act, 1679 (3) (although largely a codification of judge-made law).