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ha·be·as cor·pus 
Audio Help [hey-bee-uhs kawr-puhs] Pronunciation Key
Audio Help [hey-bee-uhs kawr-puhs] Pronunciation Key –noun Law.
| a writ requiring a person to be brought before a judge or court, esp. for investigation of a restraint of the person's liberty, used as a protection against illegal imprisonment. |
[Origin: < L: lit., have the body (first words of writ), equiv. to habeās 2nd sing. pres. subj. (with impv. force) of habére to have + corpus body]
] | Dictionary.com Unabridged (v 1.1) Based on the Random House Unabridged Dictionary, © Random House, Inc. 2006. |
Habeas corpus
To learn more about Habeas corpus visit Britannica.com
| © 2008 Encyclopædia Britannica, Inc. |
| ha·be·as corpus
Audio Help (hā'bē-əs) Pronunciation Key
n.
[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.] |
| The American Heritage® Dictionary of the English Language, Fourth Edition Copyright © 2006 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved. |
habeas corpus
1465, from L., lit. "(you should) have the person," in phrase habeas corpus ad subjiciendum "produce or have the person to be subjected to (examination)," opening words of writs in 14c. Anglo-Fr. documents to require a person to be brought before a court or judge, especially to determine if that person is being legally detained. From habeas, second pers. sing. pres. subjunctive of habere "to have, to hold" (see habit) + corpus "person," lit. "body" (see corporeal).
| Online Etymology Dictionary, © 2001 Douglas Harper |
| habeas corpus | |
noun | |
| 1. | a writ ordering a prisoner to be brought before a judge |
| 2. | the civil right to obtain a writ of habeas corpus as protection against illegal imprisonment |
| WordNet® 3.0, © 2006 by Princeton University. |
habeas corpus [(hay-bee-uhs kawr-puhs)]
A legal term meaning that an accused person must be presented physically before the court with a statement demonstrating sufficient cause for arrest. Thus, no accuser may imprison someone indefinitely without bringing that person and the charges against him or her into a courtroom. In Latin, habeas corpus literally means “you shall have the body.”
[Chapter:] American Politics
| The American Heritage® New Dictionary of Cultural Literacy, Third Edition Copyright © 2005 by Houghton Mifflin Company. Published by Houghton Mifflin Company. All rights reserved. |
Main Entry: habeas cor·pus
Pronunciation: -'kor-p&s, -"pus
Function: noun
Etymology: Medieval Latin, literally, you should have the body (the opening words ofthe writ)
: any of several writs originating at common law that are issued to bring a party before the court; especially : HABEAS CORPUS AD SUBJICIENDUM in this entry <the privilege of the writ of habeas corpus shall not besuspended, unless when in cases of rebellion or invasion the public safety may require it —U.S. Constitution article I>
habeas corpus ad fa·ci·en·dum etre·ci·pi·en·dum
/-"ad-"fa-sE-'en-d&m-et-ri-"si-pE-'en-d&m, -"fa-shE-'en-; -"äd-"fä-kE-'en-dum-et-rA-"kE-pE-'en-dum/
Etymology: NewLatin, literally, you should have the body for doing and receiving
: HABEAS CORPUS CUM CAUSA in thisentry
habeas corpus ad pro·se·quen·dum
/-"ad-"prä-si-'kwen-d&m, -"äd-"prO-sA-'kwen-dum/
Etymology: New Latin, literally, you should havethe body for prosecuting
: a writ for removing a prisoner for trial in the jurisdiction of the issuing court where the prisoner committed a crime
habeas corpus adsub·ji·ci·en·dum
/-"ad-s&b-"ji-sE-'en-d&m, -"ji-shE-; -"äd-sub-"yi-kE-'en-dum/
Etymology: New Latin, literally, you should have the bodyfor submitting
: an extraordinary writ issued upon a petition challenging the lawfulness of restraining a person who is imprisoned or otherwise in another's custody called also the GreatWrit
NOTE: Habeas corpus ad subjiciendum is an extraordinary remedy, and is by far the most frequently used writ of habeas corpus. It is an independent civil action and a form of collateralattack to determine not the guilt or innocence of the person held in custody, but whether the custody is unlawful under the U.S. Constitution. Common grounds for relief under the writ include aconviction based on illegally obtained evidence, a denial of effective assistance of counsel, or a conviction by a jury that was improperly selected and impaneled. The degree of restraint on a person'sliberty that is necessary to constitute custody entitling a person to habeas corpus relief is not viewed uniformly by the courts. Use of the writ is not limited to criminal matters. It is alsoavailable in civil matters, as, for example, to challenge a person's custody of a child or the institutionalization of a person declared incompetent.
habeas corpus adtes·ti·fi·can·dum
/-"ad-"tes-ti-fi-'kan-d&m, -"äd-"tes-tE-fE-'kän-dum/
Etymology: New Latin, literally, you should have the body fortestifying
: a writ for bringing a person into a court as a witness
habeas corpus cum cau·sa
/-"k&m-'ko-z&, -"kum-'kau-sä/
Etymology: NewLatin, literally, you should have the body with the cause
: a writ issued from a superior court to an inferior court requiring that a defendant be produced along with the cause for which thedefendant has been taken and held called also habeas corpus ad faciendum et recipiendum
| Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc. |
Habeas corpus
Ha"be*as corpus\ [L. you may have the body.] (Law) 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. --Bouvier.| Webster's Revised Unabridged Dictionary, © 1996, 1998 MICRA, Inc. |
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