Ad
related to: habeas corpus court orders definitionuslegalforms.com has been visited by 100K+ users in the past month
Search results
Results from the WOW.Com Content Network
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 Habeas Corpus Act of 1867 (sess. ii, chap. 28, 14 Stat. 385) is an act of Congress that significantly expanded the jurisdiction of federal courts to issue writs of habeas corpus. [1]
While habeas corpus can be filed in state or federal court, all state avenues must be exhausted first. In the United States federal court system the writ of habeas corpus is used most frequently to review state court convictions. Federal statutes (28 U.S.C. §§ 2241–2256) outline the procedural aspects of federal habeas corpus proceedings. [10]
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.
A subpoena duces tecum (pronounced in English / s ə ˈ p iː n ə ˌ dj uː s iː z ˈ t iː k ə m / sə-PEE-nə DEW-seez TEE-kəm), or subpoena for production of evidence, is a court summons ordering the recipient to appear before the court and produce documents or other tangible evidence for use at a hearing or trial.
The orders which a High Court may issue under Article 199 are also known as writs. They are the writs of prohibition, mandamus, certiorari, habeas corpus and quo warranto. Mr. Justice Rustam Kayani, the former Chief Justice of West Pakistan High Court was a great admirer of the writ jurisdiction.
The majority opinion further observed that during the suspension of the writ of habeas corpus, citizens may only be detained without charges, not "tried" or executed under the jurisdictions of military tribunals. The writ is not the right itself, but merely the ability to issue orders demanding the right's "enforcement." [13]
Ad
related to: habeas corpus court orders definitionuslegalforms.com has been visited by 100K+ users in the past month