What does 'Habeas Corpis' mean ?

Question

I looked it up but the dictionary isn't giving me a real explanation into the words meaning.

In terms of law what does it mean .

Answer 1

See above for definition of the word.

In legal parlance, the Writ of Habeas Corpus is a legal tool to challenge the authority of some court who is detaining or compelling a person. The Writ demands that the court present the person (or make them available) to determine the validity of the detainment.

In the US, the Constitution grants federal judicial authority to review detainment by the state or federal action, and Article I Section 9 prevents Congress from suspending the Writ "unless when in cases of rebellion or invasion the public safety may require it." In other words, as long as the federal courts are open for business, someone can seek relief there.

Congress violated this requirement in December 2005, when they suspended the Writ for anyone held by US forces if the government has unilaterally declared the person an "emeny combatatant". The Supreme Court determined that this action was invalid, at least as it applied to people who had already filed for relief in federal court.

{EDIT to OrthodoxTed} You quoted the argument made by the Bush administration. The US Supreme Court rejected that argument in June 2006.

Answer 2

While the literal translation does mean "You have the body", the term Habeas Corpus is a legal term referring to the rights of the accused. People may not be held in jail for extended amounts of time without charges being presented against them.

Answer 3

Produce the Body - Lincoln suspended Habeas Corpus during the Civil War which allowed the North to keep Southern prisoners sequestered.

The prisoners in Guantanamo Bay have no Habeas Corpus given their status as enemy combatants. Therefore, they cannot appear before any court to be heard (e.g. a detention hearing, an arraignment hearing, et al).

Answer 4

It's 'Habeas Corpus' and it originally meant, in the old Roman Courts, 'Do you have the body?'. It is the right of the accused and the lawyer for the accused to request the person's presence at any time in the course of litigation. It is part of the rights governing the right to confront one's accusers, and it guarantees that the accused shall not be illegally detained without just cause, and is entitled to be present at his own proceedings. To be enforced, it is routinely filed as a writ--a request to the judge for him to order enacted. B.

Answer 5

Literally, habeas corpus means something like "bring the body" in Latin.

In legal terms it means that every prisoner held in custody should have the right to contest his imprisonment. In the U.S. it is commonly associated with the "right of fair and timely trial."

Systems without habeus corpus can hold prisoners for years without ever charging them or allowing them to seek legal counsel.

Answer 6

actually the words are "habeas corpus"

It´s a legal resource in order to protect constitutional rights that have to do with the person itself: freedom, life, etc.

Answer 7

See the definitions at the link below. I think you'll find these better than the dictionary.

Answer 8

It is a person petitioning a court that they have been denied access to the courts and legal recourse as they have not been charged or are being held illegally!

Answer 9

Produce the body

Answer 10

present the body..

the judge orders the accused to be brought to court