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habeas corpus

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ha⋅be⋅as cor⋅pus

  [hey-bee-uhs kawr-puhs]
Use habeas corpus in a Sentence
–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 habēre to have + corpus body
Dictionary.com Unabridged
Based on the Random House Dictionary, © Random House, Inc. 2009.
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Criminal Appeal Lawyers
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ha·be·as corpus   (hā'bē-əs)   
n.  

  1. One of a variety of writs that may be issued to bring a party before a court or judge, having as its function the release of the party from unlawful restraint.

  2. The right of a citizen 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.]
The American Heritage® Dictionary of the English Language, Fourth Edition
Copyright © 2009 by Houghton Mifflin Company.
Published by Houghton Mifflin Company. All rights reserved.
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Cultural Dictionary

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.”

The American Heritage® New Dictionary of Cultural Literacy, Third Edition
Copyright © 2005 by Houghton Mifflin Company.
Published by Houghton Mifflin Company. All rights reserved.
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Word Origin & History

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
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Legal Dictionary

Main Entry: habeas cor·pus
Pronunciation: -'kor-p&s, -"pus
Function: noun
Etymology: Medieval Latin, literally, you should have the body (the opening words of the 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 habeas corpus shall not be suspended, 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 et re·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: New Latin, literally, you should have the body for doing and receiving
: HABEAS CORPUS CUM CAUSA in this entry
habeas corpus ad pro·se·quen·dum
/-"ad-"prä-si-'kwen-d&m, -"äd-"prO-sA-'kwen-dum/
Etymology: New Latin, literally, you should have the 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 ad sub·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 body for 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 Great Writ
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 collateral attack 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 a conviction 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's liberty 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 also available 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 ad tes·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 for testifying
: 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: New Latin, 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 the defendant has been taken and held called also habeas corpus ad faciendum et recipiendum
Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
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