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Detention is the process whereby a state or private citizen holds a person by removing or restricting their freedom or liberty at that time. Detention can be due to (pending) criminal charges against the individual pursuant to a prosecution or to protect a person or property.
In 1936, the Supreme Court of California held that because the state constitution reserves judicial decisionmaking to the judicial branch, it lacked jurisdiction to issue a writ of certiorari to review the decision of a state board unless that board had been expressly authorized by the state constitution to exercise judicial power. [34]
Arbitrarily depriving an individual of their liberty is prohibited under international human rights law.Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile"; [7] that is, no individual, regardless of circumstances, is to be deprived of their liberty or exiled from their country without having first ...
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 ...
The definition of false imprisonment under UK law and legislation is the "Unlawful imposition or constraint of another's freedom of movement from a particular place." [ 14 ] False imprisonment is where the defendant intentionally or recklessly, and unlawfully, restricts the claimant's freedom of movement totally. [ 15 ]
Detainer (from detain, Latin detinere); originally in British law, the act of keeping a person against his will, or the wrongful keeping of a person's goods, or other real or personal property. A writ of detainer was a form for the beginning of a personal action against a person already lodged within the walls of a prison ; it was superseded by ...
California formerly had justice of the peace courts staffed by lay judges, but began phasing them out after a landmark 1974 decision in which the Supreme Court of California unanimously held that it was a violation of federal due process (in the state's view of the Fourteenth Amendment to the U.S. Constitution) to allow a nonlawyer to preside ...
The Ellis Act (California Government Code Chapter 12.75) [1] is a 1985 California state law that allows landlords to evict residential tenants to "go out of the rental business" in spite of desires by local governments to compel them to continue providing rental housing.
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