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What is Habeas?

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Anonymous

10y ago
Updated: 7/25/2022

Habeas corpus is a Latin term meaning "Have the body". It is a writ (court order) which directs the law enforcement officials who have custody of a prisoner to appear in court with the prisoner in order to determine the legality of the prisoner's confinement.

A court order requiring that a confined person be brought to court so that his or her claims can be heard

Habeas Corpus is an ancient common law prerogative writ - a legal procedure to which you have an undeniable right. It is an extraordinary remedy at law. Upon proper application, or even on naked knowledge alone, a court is empowered, and is duty bound, to issue the Extraordinary Writ of Habeas Corpus commanding one who is restraining liberty to forthwith produce before the court the person who is in custody and to show cause why the liberty of that person is being restrained. Absent a sufficient showing for a proper restraint of liberty, the court is duty bound to order the restraint eliminated and the person discharged. Habeas Corpus is fundamental to American and all other English common law derivative systems of jurisprudence. It is the ultimate lawful and peaceable remedy for adjudicating the providence of liberty's restraint. Since the history of Habeas Corpus is predominately English we must visit that history to gain understanding of American use of Habeas Corpus.

It is the right to a trial in 20 days that is.

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Althea Olson

Lvl 13
3y ago

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Related Questions

What language does habeas come from?

Habeas corpus is Latin for 'you have the body.'


Who can file a habeas corpus?

Can I a parent file a habeas corpus on the behalf of my son who is a inmate


How did Lincoln deal with dissent-?

suspended habeas corpus


What has the author John Merryman written?

John Merryman has written: 'Habeas corpus' -- subject(s): Civil rights, Trials, litigation, Trials (Treason), Habeas corpus 'Habeas corpus, the proceedings in the case of John Merryman, of Baltimore County, Maryland' -- subject(s): Habeas corpus 'The Merryman habeas corpus case, Baltimore' -- subject(s): Habeas corpus


What is the constitutional protection against unlawful imprisonment?

Habeas Corpus


When was Habeas Corpses created?

Habeas Corpses was created on 2003-01-15.


What does the habeas corpus mean literally?

Habeas corpus is Latin for "let me have the body".


What is the name of the constitutional protection that requires government to show a legal basis for imprisoning someone?

The writ of habeas corpus


Write of habeas corpus?

The writ of habeas corpus is an important right given to American citizens


What is a good sentence using habeas corpus?

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


What was the significance of the writ of habeas corpus?

Habeas corpus (habeas corpus ad subjiciendum) is significant as it is used for correcting violations of personal liberty by directing judicial inquiry into the legality of a detention.


Who suspended anyone who supported the confederates?

Habeas Corpus suspended anyone who supported the confederates.