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English: An Act for the more effectual Administration of Justice in England and Ireland by the issuing of Writs of Habeas Corpus ad testificandum, in certain Cases. Publication date 28 July 1804
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 ...
If the file has been modified from its original state, some details may not fully reflect the modified file. Short title WIKILEAKS - Congressional Research Service - Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court, September 10, 2008
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 ...
Latin Translation Notes habeas corpus [we command] that you have the body [brought up] A legal term from the 14th century or earlier. Refers to a number of legal writs requiring a jailer to bring a prisoner in person (hence corpus) before a court or judge, most commonly habeas corpus ad subjiciendum ("that you have the body [brought up] for the purpose of subjecting [the case to examination]").
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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 court eventually declared that they could not issue a writ, because the Habeas Corpus Act 1862 prevented them from issuing a writ to any colony or Dominion possessing a court which could also issue a writ. Since the Free State possessed such a court, the English divisional court could not act. [7]