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Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' you should have the body ') [1] is an equitable remedy [2] by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine ...
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
The Act largely restored habeas corpus following its 1863 suspension by Congress, ensuring that anyone arrested after its passage could challenge their detention in the federal courts, but denied habeas relief to anyone who was already in military custody for any military offense or for having aided the Confederacy.
The Habeas Corpus Bill of 1758 was a failed bill that would have extended habeas corpus if passed. The Habeas Corpus Act 1679 confirmed the common law tradition that subjects had a right to a writ of habeas corpus. However, judges ruled that those impressed were exempt from the right to habeas corpus.
Habeas Corpus Suspension Act 1799; Habeas Corpus Suspension Act 1817; Habeas Corpus Suspension Acts of 1688; K. The King v. Haas; N. Neil v. Biggers; P. Philippine ...
The Habeas Corpus Suspension Act, 12 Stat. 755 (1863), entitled An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases, was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners.
The Court did not reach the issue of whether Attorney General Clark was the proper Respondent for a habeas corpus claim. Over fifty years later, however, the Court explained in Rumsfeld v. Padilla, 542 U.S. 426 (2004) that in habeas cases challenging present physical confinement, the 'immediate custodian' is the proper respondent. The ...
Habeas Corpus Act may refer to several Acts of Parliament and Acts of Congress relating to Habeas Corpus: Habeas Corpus Act 1640 (16 Cha I. c. 10) of the Parliament of England; Habeas Corpus Act 1679 (31 Cha. 2 c. 2) of the Parliament of England; Habeas Corpus Act 1816 (1816 c.100 56 Geo 3) of the Parliament of the United Kingdom; Habeas Corpus ...