A writ having for its object to bring a party before a court or judge; especially, one to inquire into the cause of a person's imprisonment or detention by another, with the view to protect the right to personal liberty; also, one to bring a prisoner into court to testify in a pending trial.
A court order requiring a person who has someone in their care to bring that person to the courtâ€¢ Children & Civil Law
A court order requiring authorities to bring into writ of court a person being held by them. The court will set a deadline after which the prisoner must either be charged with an offense and scheduled for court appearance, or be set free.
"You have the body." A petition to bring a person before a court or a judge. In most common usage, it is directed to the official person detaining another, commanding that the person to produce the body of the prisoner or person detained so the court may determine if such a person had been denied his or her liberty without the process of law.
A writ commanding that a person be brought before a judge. Most commonly, a writ of habeas corpus is a legal document that forces law enforcement authorities to produce a prisoner they are holding and to legally justify his or her confinement.
A writ issued to a sheriff, warden, or other official having allegedly unlawful custody of a person, directing the official to bring the person before the court, in order to determine the legality of the imprisonment.
the "great writ" of Anglo-American legal history, the command of a court that the detention of a person be shown to be legal
An order from a court to produce the person named and is usually used to ensure that there is not an illegal imprisonment of the person named.
literally, "you may have the body". A Habeas Corpus is a legal writ that protects an individual against arbitrary imprisonment by requiring that any person arrested be brought before a court for formal charge. If the charge is considered to be valid, the person must submit to trial; if not, the person goes free. When the law is suspended, then individuals can be imprisoned indefinitely and without charge.
Latin phrase meaning "you have the body." Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully.
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. The prisoner is given a chance to argue his case on the grounds of illegal confinement if the judge grants the "writ of habeas corpus."
Court order demanding that the individual in custody be brought into court and shown the cause for detention. Habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion.
Produce the body A writ which directs a person to produce someone held in custody before the court
Typically, a writ designed to challenge whether or not due process of law (the exercise of established law) was followed in detaining a prisoner. In Latin the term means: You have the body.
A procedure for obtaining a judicial determination of the legality of an individualâ€™s custody.
a writ ordering a prisoner to be brought before a judge
the civil right to obtain a writ of habeas corpus as protection against illegal imprisonment
a Latin phrase meaning "that you have the body." A prisoner may file a habeas corpus petition seeking release on grounds that he or she is being held illegally.
A writ requesting a trial or the release of a prisoner.
A writ issued by a judge ordering the release of a person who is being detained or imprisoned unlawfully.
Latin.] "produce the body." The name of a writ demanding someone holding a prisoner to appear before the court with the prisoner and justify holding them prisoner.
Latin for 'you have the body'. It was a rule used to prevent people being imprisoned illegally.
(ha'be-as kor'pus) Latin for "You have the body." The name given a variety of proceedings whose object is to bring a person before a court or judge. Usually, a writ of habeas corpus is directed to the official person detaining another, commanding him or her to produce the body of the prisoner or person detained so that the court may determine if the person is legally held or has been denied his or her liberty without due process of law.
Latin, meaning "you have the body." A writ of habeas corpus generally is a judicial order forcing law enforcement authorities to produce a prisoner they are holding, and to justify the prisoner's continued confinement. Federal judges receive petitions for a writ of habeas corpus from state prison inmates who say their state prosecutions violated federally protected rights in some way.
an "extraordinary remedy" which requires anyone detaining a person to justify the detention to a superior court; generally used in criminal proceedings requesting the court to release a person from unlawful imprisonment; in Latin literally means "you have the body";
The legal right of an individual who is held in a prison or other institution to appear before the judge so that there can be a determination whether that person is being held in violation of constitutional right to due process.
A writ (court order) that is usually used to bring a prisoner before the court to determine the legality of his or her imprisonment.
Habeas Corpus Ad Subjiciendum
(had be-as kor'pus) - "You have the body." The name given a variety of writs whose object is to bring a person before a court or judge. In the most common usage, it is directed to the official or person detaining another, commanding him to produce the body of the prisoner or person detained so the court may determine if such person has been denied his liberty without due process of the law.
A writ that is 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 given testimony, or to be prosecuted.
Name of a writ having for its object to bring a person before a court.
a legal appeal to the sovereign to for the detaining party to bring the corpus or the body of the detainee before the court to address the legal charges of their detention.
A writ issued in order to bring somebody who has been detained into court, usually for a decision on whether the detention is lawful.
A writ by which a man may be taken out of jail when confined for the wrong crime.
A type of a writ issued by a High Court or Supreme court against illegal detention of a person.
A writ that is usually used to bring a prisoner beforethe court to determine the legality of his imprisonment. It may also be used to bring a personin custody before the court to give testimony, or to be prosecuted.
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. A petition for a writ of habeas corpus often is filed in federal courts by state prison inmates who say their state prosecutions violated federally protected rights in some way.
'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.
(you have the body) the name given to a variety of writs requiring that the object in question be brought before a court or judge; The sole purpose is to release the person or object from custody
a petition requiring that an incarcerated person be brought before the court to determine whether there is cause to hold him. Originally intended to compel the disclosure of charges against those who had been arrested in order to determine whether or not the crime was "bailable", habeas petitions are now commonly used to allege in federal court that state prisoners are being held in violation of their rights. Free Criminal Defense Case Evaluation Click Here
(HAY be us KOR pus) Writ that orders a person to be brought before a judge, usually to determine whether that individual is being legally detained or imprisoned.
Writs issued to bring a party before the court.
A Latin term meaning "you shall have the body." It is most commonly used when referring to a "writ of habeas corpus," which is a court order requiring a prisoner to be brought to court so it can be decided whether he has been lawfully imprisoned.
ask any one for a legal phrase and the chances are this is the phrase they will come up with. It is the right, supposedly enshrined in American law, which prevents a person from being wrongfully imprisoned, and which means literally "you must have the body". The right which it encompasses is the right that no one may be imprisoned or restrained without, within a reasonable period of time, being brought before a lawful court to answer the charge for which the detention occurred. It is used to prevent people from being held as prisoners for too long by the authorities.
A proceeding where a prisoner challenged the lawfulness of his or her imprisonment; refers to the constitutionality of the imprisonment
"You have the body." A writ of habeas corpus requires that a person be brought before a judge. It is usually used to direct an official to produce a prisoner so the court may determine if liberty has been denied without due process.
Legal term, a justice of the peace could issue a writ of habeas corpus requiring that the authorities either release or charge an individual in custody with a specific crime.
Latin for "that you have the body." A writ of habeas corpus is used to bring a prisoner before the court to determine if the person's detention is lawful. It can also be used to examine any extradition processes used, amount of bai, and the jurisdiction of the court. see, e.g. Felker v. Turpin, Warden 518 US 1051 (1996) and McCleskey v. Zant 499 US 467 (1991). (Wex)
Latin: a court petition ordering that a person being detained must be produced before a judge for a hearing to decide whether the detention is lawful. Habeas corpus was one of the concessions the British monarchy made in the Magna Carta and it still stands as a basic individual right against arbitrary arrest and imprisonment.
'You may have the body.' The Habeas Corpus Amendment Act, passed by Parliament in 1679, guaranteed people charged with an offence a speedy trial.
In criminal proceedings, the writ which directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment.
a judicial order, demanding someone to be present in court to determine if they are legitimately being detained
Filed by prisoners who seek release from prison, it requires that the inmate be brought to court to determine whether he/she is unlawfully imprisoned and whether or not to release the person.
the name given a variety of orders (writs) whose object is to bring a person before a court or judge; literally "you have the body"
The name of a writ that is asking for a person to come before court.
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. If the judge orders a hearing after reading the writ, the prisoner gets to argue that his confinement is illegal. These writs are frequently filed by convicted prisoners who challenge their conviction on the grounds that the trial attorney failed to prepare the defense and was incompetent. Prisoners sentenced to death also file habeas petitions challenging the constitutionality of the state death penalty law. Habeas writs are different from and do not replace appeals, which are arguments for reversal of a conviction based on claims that the judge conducted the trial improperly. Often, convicted prisoners file both.
The writ of habeas corpus requires arresting authorities to explain the grounds for a person's imprisonment or detention before a court of law.
Literally "You have the body." The name given to a variety of writs, having for their object to bring a party before a court or judge. The purpose of the writ is not to determine the prisoner's guilt or innocence, but rather to determine whether the prisoner is restrained of his or her liberty by due process. It is directed to the person detaining another, and commanding him or her to produce the body of the prisoner, or person detained, with the day and cause of his or her capture and detention, to do, submit to, and receive whatsoever the judge or court awarding the writ shall consider in that behalf. It is a well known remedy for deliverance from illegal confinement. This writ is specifically incorporated in Article I, Section 9 of the Constitution where it states: "The privilege of the Writ of Habeas Corpus shall not be suspended, unless in Cases of Rebellion or Invasion the public Safety may require it."
"You have the body." An order from a court of competent jurisdiction that requires the custodian of a prisoner to appear before the court to show cause why the prisoner is confined or detained.
an order requiring a prisoner to be brought before a judge or into court to decide if the confinements is lawful g•¿'ño
See writ of habeas corpus
Latin for "you have the body." A petition to bring a person before a court or a judge, most frequently used to ensure that a person's imprisonment, detention, or commitment is legal.
In common law countries, habeas corpus (/'heÉªbiÉ™s 'kÉ”É¹pÉ™s/), Latin for "you [should] have the body", is the name of a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. However, habeas corpus has a much broader meaning in common law today. A writ of habeas corpus is a court order addressed to a prison official (or other custodian) ordering that a prisoner be brought before the court for determination of whether that person is serving a lawful sentence and/or be released from custody.
Habeas Corpus is a 1928 short comedy film starring Laurel and Hardy as grave-robbers hired by a mad scientist. Although silent, it was released with a music and effects track long thought lost. The missing soundtrack turned up in the 1990s and is now available on DVD.