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Habeas corpus
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Habeas corpusRemedies. A writ of habeas corpus is an order in writing, signed by the judge who grants the same, and sealed with the seal of the court of he is a judge, issued in the name of the sovereign power where it is granted, by such a court or a judge thereof, having lawful authority to issue the same, directed to any one having a person in his custody or under his restraint, commanding him to produce, such person at a certain time and place, and to state the reasons why he is held in custody, or under restraint.
RELATED TERMS--------------------------------------
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Corpus
A Latin word, which signifies body.
Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
Seal
To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.
Court
A body in government to which the administration of justice is delegated.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Sovereign
1) A chief ruler with supreme power; one possessing sovereignty. It is also applied to a king or other magistrate with limited powers. 2) English law. The name of a gold coin of Great Britain of the value of one pound sterling.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
Lawful
That which is not forbidden by law. Id omne licitum est, quod non est legibus prohibitum, quamobrem, quod, lege permittente, fit, poenam non meretur. To be valid a contract must be lawful.
Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.
Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.
Person
This word is applied to men, women and children, who are called natural persons.
Custody
The detainer of a person by virtue of a lawful authority.
Restraint
Something which prevents us from doing what we would desire to do.
Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.
Place
Pleading, evidence. A particular portion of space; locality.
State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.
SIMILAR TERMS--------------------------------------
Habeas corpus ad prosequendum
That you have the person for prosecuting. Removes a prisoner to the jurisdiction wherein it is alleged he commited a crime.
Habeas corpus ad respondendum
That you have the person for answering. Removes a prisoner that he may be charged with a new action in a higher court.
Habeas corpus ad satisfaciendum
That you have the person for satisfaction. Removes a prisoner into a superior court that he may be charged with process of execution.
Habeas corpus ad subjiciendum
That you have the body for submitting to and receiving. Commands the person who has another in detention to produce the body of the prisoner, with the day and cause of his caption and detention, to do, submit to, and receive whatever the judge or court awarding the writ shall consider in that behalf. 3 Bl. Com. 130. This great and efficacious prerogative writ, is commonly called The Writ of Habeas Corpus. It is the best and only sufficient defense of personal freedom.
Habeas corpus ad testificandum
That you have the person for testifying. Removes a person from a place of detention that he may give testimony before a court.
Habeas corpus faciendum et recipiendum
That you have the body for doing and receiving. Removes an action into a superior court: commands the judge of the inferior court to produce the body of the defendant, with a statement of the cause of his detention (when called, also, habeas corpus cum causa), to do and to receive whatever the higher court shall decree.
Habendum
Conveyancing. This is a Latin word, which signifies to have.
Habendum et tenendum
to have and to hold.
Haberdasher
A dealer in miscellaneous goods and merchandise.
Habere
To have. This word is used in composition.
Habere facias possessionem
Practice, remedies. The name of a writ of execution in the action of ejectment.The sheriff, is commanded by this writ that, without delay, he cause the plaintiff to have possession of the land in dispute which is therein described;
Habere facias seisinam
Practice, remedies. The name of a writ of execution, used in most real actions, by which the sheriff is directed that he cause the demandant to have seisin of the lands which he has recovered. This writ may be taken out at any time within a year and day after judgment. It is to be executed nearly in the same manner as the writ of habere facias possessionem, and, for this purpose, the officer may break open the outer door of a house to deliver seisin to the demandant.
Habere facias soisinam
That you cause to have seizin.
Habere facias visum
Practice. The name of a writ which lies when a view is to be taken of lands and tenements.
PREVIOUS AND NEXT TERMS--------------------------------------
Hook down
In the US penitentiary slang, a warning that the officer is coming.
Hot meds
In the US penitentiary slang, controlled medications, including psychotropic medication or anti-depressants.
Hot rail
In the US penitentiary slang, when a group of prisoners stand on guard around one particular prisoner and his/her significant other on visiting time so the couple can have sexual relations.
Hot water
In the US penitentiary slang, warning that officer is coming.
Hung up
In the US penitentiary slang, a prisoner who tries to kill himself by hanging in his cell.
Habeas corpus
Habeas corpus ad prosequendum
That you have the person for prosecuting. Removes a prisoner to the jurisdiction wherein it is alleged he commited a crime.
Habeas corpus ad respondendum
That you have the person for answering. Removes a prisoner that he may be charged with a new action in a higher court.
Habeas corpus ad satisfaciendum
That you have the person for satisfaction. Removes a prisoner into a superior court that he may be charged with process of execution.
Habeas corpus ad subjiciendum
That you have the body for submitting to and receiving. Commands the person who has another in detention to produce the body of the prisoner, with the day and cause of his caption and detention, to do, submit to, and receive whatever the judge or court awarding the writ shall consider in that behalf. 3 Bl. Com. 130. This great and efficacious prerogative writ, is commonly called The Writ of Habeas Corpus. It is the best and only sufficient defense of personal freedom.
Habeas corpus ad testificandum
That you have the person for testifying. Removes a person from a place of detention that he may give testimony before a court.
RELATED TERMS--------------------------------------
Writ
An official court document, signed by a judge or bearing an official court seal, which commands the person to whom it is addressed, to do something specific. That "person" is typically either a sheriff (who may be instructed to seize property, for example) or a defendant (for whom the writ is the first notice of formal legal action. In these cases, the writ would command the person to answer the charges laid out in the suit, or else judgment may be made against them in their absence).
Corpus
A Latin word, which signifies body.
Order
An instruction rightfully given by someone superior in hyerarchy. Also, a social state of civil coexistance without widespread public violence.
Writing
The act of forming by the hand letters or characters of a particular kind on paper or other suitable substance, and artfully putting them together so as to co nvey ideas. It differs from printing, which is the formation of words on paper or other proper substance by means of a stamp. Sometimes by writing ii understood printing, and sometimes printing and writing mixed.
Judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
Seal
To mark a document with a seal; to authenticate or make binding by affixing a seal. Court seal, corporate seal.
Court
A body in government to which the administration of justice is delegated.
Name
One or more words used to distinguish a particular individual, as Socrates, Benjamin Franklin.
Sovereign
1) A chief ruler with supreme power; one possessing sovereignty. It is also applied to a king or other magistrate with limited powers. 2) English law. The name of a gold coin of Great Britain of the value of one pound sterling.
Power
This is either inherent or derivative. The former is the right, ability, or faculty of doing something, without receiving that right, ability, or faculty from another. The people have the power to establish a form of govemment, or to change one already established. A father has the legal power to chastise his son; a master, his apprentice.
Lawful
That which is not forbidden by law. Id omne licitum est, quod non est legibus prohibitum, quamobrem, quod, lege permittente, fit, poenam non meretur. To be valid a contract must be lawful.
Authority
Government. The right and power which an officer has in the exercise of a public function to compel obedience to his lawful commands.
Issue
1) Kindred. This term is of very extensive import, in its most enlarged signification, and includes all persons who have descended from a common ancestor. But when this word is used in a will, in order to give effect to the testator's intention it will be construed in a more restricted sense than its legal import conveys. 2) Pleading. An issue, in pleading, is defined to be a single, certain and material point issuing out of the allegations of the parties, and consisting, regularly, of an affirmative and negative. In common parlance, issue also signifies the entry of the pleadings.
Person
This word is applied to men, women and children, who are called natural persons.
Custody
The detainer of a person by virtue of a lawful authority.
Restraint
Something which prevents us from doing what we would desire to do.
Time
Contracts, evidence, practice. The measure of duration., It is divided into years, months. days, hours, minutes, and seconds. It is also divided into day and night. 2) Pleading. The avertment of time is generally necessary in pleading; the rules are different, in different actions.
Place
Pleading, evidence. A particular portion of space; locality.
State
1) Government. In its most enlarged sense, it signifies a self-sufficient body of persons united together in one community for the defence of their rights, and to do right and justice to foreigners. In this sense, the state means the whole people united into one body politic; and the state, and the people of the state, are equivalent expressions. 2) Condition of persons. This word has various acceptations. If we inquire into its origin, it will be found to come from the Latin status, which is derived from the verb stare, sto, whence has been made statio, which signifies the place where a person is located, stat, to fulfil the obligations which are imposed upon him.
SIMILAR TERMS--------------------------------------
Habeas corpus ad prosequendum
That you have the person for prosecuting. Removes a prisoner to the jurisdiction wherein it is alleged he commited a crime.
Habeas corpus ad respondendum
That you have the person for answering. Removes a prisoner that he may be charged with a new action in a higher court.
Habeas corpus ad satisfaciendum
That you have the person for satisfaction. Removes a prisoner into a superior court that he may be charged with process of execution.
Habeas corpus ad subjiciendum
That you have the body for submitting to and receiving. Commands the person who has another in detention to produce the body of the prisoner, with the day and cause of his caption and detention, to do, submit to, and receive whatever the judge or court awarding the writ shall consider in that behalf. 3 Bl. Com. 130. This great and efficacious prerogative writ, is commonly called The Writ of Habeas Corpus. It is the best and only sufficient defense of personal freedom.
Habeas corpus ad testificandum
That you have the person for testifying. Removes a person from a place of detention that he may give testimony before a court.
Habeas corpus faciendum et recipiendum
That you have the body for doing and receiving. Removes an action into a superior court: commands the judge of the inferior court to produce the body of the defendant, with a statement of the cause of his detention (when called, also, habeas corpus cum causa), to do and to receive whatever the higher court shall decree.
Habendum
Conveyancing. This is a Latin word, which signifies to have.
Habendum et tenendum
to have and to hold.
Haberdasher
A dealer in miscellaneous goods and merchandise.
Habere
To have. This word is used in composition.
Habere facias possessionem
Practice, remedies. The name of a writ of execution in the action of ejectment.The sheriff, is commanded by this writ that, without delay, he cause the plaintiff to have possession of the land in dispute which is therein described;
Habere facias seisinam
Practice, remedies. The name of a writ of execution, used in most real actions, by which the sheriff is directed that he cause the demandant to have seisin of the lands which he has recovered. This writ may be taken out at any time within a year and day after judgment. It is to be executed nearly in the same manner as the writ of habere facias possessionem, and, for this purpose, the officer may break open the outer door of a house to deliver seisin to the demandant.
Habere facias soisinam
That you cause to have seizin.
Habere facias visum
Practice. The name of a writ which lies when a view is to be taken of lands and tenements.
PREVIOUS AND NEXT TERMS--------------------------------------
Hook down
In the US penitentiary slang, a warning that the officer is coming.
Hot meds
In the US penitentiary slang, controlled medications, including psychotropic medication or anti-depressants.
Hot rail
In the US penitentiary slang, when a group of prisoners stand on guard around one particular prisoner and his/her significant other on visiting time so the couple can have sexual relations.
Hot water
In the US penitentiary slang, warning that officer is coming.
Hung up
In the US penitentiary slang, a prisoner who tries to kill himself by hanging in his cell.
Habeas corpus
Habeas corpus ad prosequendum
That you have the person for prosecuting. Removes a prisoner to the jurisdiction wherein it is alleged he commited a crime.
Habeas corpus ad respondendum
That you have the person for answering. Removes a prisoner that he may be charged with a new action in a higher court.
Habeas corpus ad satisfaciendum
That you have the person for satisfaction. Removes a prisoner into a superior court that he may be charged with process of execution.
Habeas corpus ad subjiciendum
That you have the body for submitting to and receiving. Commands the person who has another in detention to produce the body of the prisoner, with the day and cause of his caption and detention, to do, submit to, and receive whatever the judge or court awarding the writ shall consider in that behalf. 3 Bl. Com. 130. This great and efficacious prerogative writ, is commonly called The Writ of Habeas Corpus. It is the best and only sufficient defense of personal freedom.
Habeas corpus ad testificandum
That you have the person for testifying. Removes a person from a place of detention that he may give testimony before a court.
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This dictionary contains 8526 terms.
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