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Habeas corpus applies only to people held in custody by government officials. It would do nothing to release a person who had been abducted, but might be used by a person who was accused of having abducted someone.

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What is a good sentence using habeas corpus?

Habeas corpus literally means "give us the body." Prisoners filed a writ of habeas corpus.


What is habeas corpus writ?

A writ of habeas corpus is a judicial mandate ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or someone else's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences.


How do you use habeas corpus in a sentence?

Definition_____A legal order for an inquiry to determine whether a person has been lawfully imprisoned.......Criticism also greeted president Lincoln's decision to suspend writs of habeas corpus.


Was the writ of Habeas Corpus suspended during the civil war bvy federal gov?

A Maryland state legislator, John Merryman, was arrested by Union forces during the Civil War and charged with hindering the movement of Union forces. Merryman's attorney filed a writ of Habeas Corpus in response. President Abraham Lincoln decided to suspend the rules as a method of suppressing the rebellion in the Nation. The suspension was in effect until rejected by the Supreme Court, 5 years later.


Can one person file a Habeas Corpus in behalf of another?

yesAdded: Not exactly. While someone other than the incarcerated individual may file a writ of habeus corpus, the person filing the writ must have some type of legal "standing" in order to do so (e.g.: their attorney, relative, personal friend, business partner, etc) Some member of the general public can not simply walk in off the street and submit a writ for any prisoner in the jail.


Using complete sentences describe the purpose and function of the Writ of Habeas Corpus.?

The Writ of Habeas Corpus serves as a fundamental legal safeguard against unlawful detention, allowing individuals to challenge the legality of their imprisonment. Its primary purpose is to ensure that a person cannot be held in custody without just cause, thereby protecting individual freedom and preventing arbitrary government action. When a writ is filed, the court requires the detaining authority to present evidence justifying the detention, ensuring due process is upheld. This legal instrument is a cornerstone of civil liberties in many democratic societies.


What should my son do he filed report of his son being abused by exgirlfriend she was arrested he moved out of state neither has custody child abduction warrant was issued last month?

Actually, she had sole custody by default. Single fathers have no rights to a child until granted them by a court, so he did commit child abduction. see related link


What does writ of habeas corpus ad prosequendum issued mean?

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When a motion for production is ordered by a judge to test suspected faulty equipment are the test results required to be filed with the rest of the case files?

Yes. If the court orders it, the results must be produced and then became a permanant part of the case file.


What was the issue in case 424 US 409?

Imbler v. Pachtman, 424 US 409 (1976)Imbler, a convicted murderer, unsuccessfully petitioned the State of California for a writ of habeas corpus seeking release from prison on the grounds that Pachtman, the state prosecuting attorney, had "knowingly used false testimony and suppressed material evidence at [the] petitioner's [criminal] trial."Failing in the State courts, the petitioner filed a writ of habeas corpus in federal court and was granted release. He then brought suit against Pachtman, personally, under federal code 42 USC § 1983 seeking damages for loss of liberty and deprivation of his constitutional rights.The Court held that the federal code should be read "in harmony with general principles of tort immunities and defenses, rather than in derogation of them," giving the a State prosecuting attorney who acts within the scope of his duties in initiating and pursuing criminal prosecution against a defendant "[absolute immunity] from a civil suit for damages under § 1983 for alleged deprivations of the accused's constitutional rights."You can search US Reports by volume or year at Justia.com, accessible via Related Links, below.


What was the issue in the US Supreme Court case Imbler v. Pachtman?

Imbler v. Pachtman, 424 US 409 (1976)Imbler, a convicted murderer, unsuccessfully petitioned the State of California for a writ of habeas corpus seeking release from prison on the grounds that Pachtman, the state prosecuting attorney, had "knowingly used false testimony and suppressed material evidence at [the] petitioner's [criminal] trial."Failing in the State courts, the petitioner filed a writ of habeas corpus in federal court and was granted release. He then brought suit against Pachtman, personally, under federal code 42 USC § 1983 seeking damages for loss of liberty and deprivation of his constitutional rights.The Court held that the federal code should be read "in harmony with general principles of tort immunities and defenses, rather than in derogation of them," giving the a State prosecuting attorney who acts within the scope of his duties in initiating and pursuing criminal prosecution against a defendant "[absolute immunity] from a civil suit for damages under § 1983 for alleged deprivations of the accused's constitutional rights."You can search US Reports by volume or year at Justia.com, accessible via Related Links, below.


Can you give an example of a sentence using the word filed?

I can give you several sentences.We filed out of the room.She filed her nails and polished them.He filed an edge on his ax.