habeas corpus
a court order protecting against unlawful detention
In more detail
(noun, law) a legal right that protects a person from being held in prison without a fair trial or legal reason; a court order demanding that a prisoner be brought to court so a judge can decide if their imprisonment is lawful
Examples
- The lawyer filed a habeas corpus petition to challenge her client's illegal detention.
- Habeas corpus is considered a fundamental right in democratic legal systems.
How to use habeas corpus
Habeas corpus is a formal legal term referring to both a fundamental right and the specific court order that protects it. It is used in legal and governmental contexts to denote the right to challenge unlawful imprisonment and compel authorities to justify detention before a court. The term is most common in formal legal writing and political discourse, particularly when discussing civil liberties or emergency powers.
Common phrases
- habeas corpus petition
- file for habeas corpus
- habeas corpus writ
- suspend habeas corpus
- grant habeas corpus
Synonyms
unlawful detention relief · right to trial · judicial review of detention
Word family
habeas corpus (noun)
A common mistake
Learners sometimes treat habeas corpus as a simple synonym for "trial" or "freedom," but it specifically refers to a procedural right to legal review of detention rather than a guarantee of innocence or release.
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