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Habeas corpus


 

In English Common Law habeas corpus is the name of several writs which may be issued by a judge ordering a prisoner to be brought before the court. More commonly, the name refers to a specific writ known in full as habeas corpus ad subjiciendum, a prerogative writ ordering that a prisoner be brought to the court so it can be determined whether or not he is being imprisoned lawfully.

Related Topics:
Common Law - Prerogative writ

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The words habeas corpus ad subjiciendum are Latin for "You (shall) have/hold the body to be subjected to (examination)", and are taken from the opening words of the writ in medieval times. Other habeas corpus writs also existed, e.g. habeas corpus ad testificandum ("You (shall) have/hold the body to bear witness", for the production of a prisoner to give evidence in court.

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