1 habeas corpus | Definition of habeas corpus
Logo
Menu
dictionary thesaurus

habeas corpus

noun
ha·​be·​as cor·​pus | \ ˈhā-bē-əs-ˈkȯr-pəs How to pronounce habeas corpus (audio) \

Definition of habeas corpus

1 : any of several common-law writs issued to bring a party before a court or judge especially : habeas corpus ad subjiciendum
2 : the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment
Did You Know? Example Sentences Learn More about habeas corpus

Keep scrolling for more

Did You Know?

The literal meaning of habeas corpus is "You shall have the body"—that is, the judge must have the person charged with a crime brought into the courtroom to hear what he's been charged with. Through much of human history, and in many countries still today, a person may be imprisoned on the orders of someone in the government and kept behind bars for years without ever getting a chance to defend himself, or even knowing what he's done wrong. In England, the right to be brought before a judge to hear the charges and answer them was written into law over 300 years ago, and the U.S. adopted the British practice in its Constitution.

Examples of habeas corpus in a Sentence

apply for a writ of habeas corpus

Recent Examples on the Web

 Immediately, the couple started the process of getting their son back under the guidance of their legal team, which filed a habeas corpus petition in family court, the complaint says. — Giulia Mcdonnell Nieto Del Rio, latimes.com, "Couple says their embryo was implanted into wrong woman. They had to fight to get their son," 11 July 2019 The provision, part of Article 34, is a version of the habeas corpus rights rooted in centuries of Anglo-American law. — Peter Landers, WSJ, "Carlos Ghosn to Get First Public Hearing," 4 Jan. 2019

These example sentences are selected automatically from various online news sources to reflect current usage of the word 'habeas corpus.' Views expressed in the examples do not represent the opinion of Merriam-Webster or its editors. Send us feedback.

See More

First Known Use of habeas corpus

15th century, in the meaning defined at sense 1

History and Etymology for habeas corpus

Middle English, from Medieval Latin, literally, you should have the body (the opening words of the writ)

Keep scrolling for more

Keep scrolling for more

More Definitions for habeas corpus

habeas corpus

noun
How to pronounce habeas corpus (audio)

English Language Learners Definition of habeas corpus

law : an order to bring a jailed person before a judge or court to find out if that person should really be in jail

See the full definition for habeas corpus in the English Language Learners Dictionary

habeas corpus

noun
habeas cor·​pus | \ -ˈkȯr-pəs, -ˌpu̇s How to pronounce habeas corpus (audio) \

Legal Definition of habeas corpus

: any of several writs originating at common law that are issued to bring a party before the court especially : habeas corpus ad subjiciendum in this entry the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it — U.S. Constitution art. I
— habeas corpus ad faciendum et recipiendum \ -​ˌad-​ˌfa-​sē-​ˈen-​dəm-​et-​ri-​ˌsi-​pē-​ˈen-​dəm, -​ˌfa-​shē-​ˈen-​; -​ˌäd-​ˌfä-​kē-​ˈen-​du̇m-​et-​rā-​ˌkē-​pē-​ˈen-​du̇m \ New Latin, literally, you should have the body for doing and receiving
: habeas corpus cum causa in this entry
— habeas corpus ad prosequendum \ -​ˌad-​ˌprä-​si-​ˈkwen-​dəm, -​ˌäd-​ˌprō-​sā-​ˈkwen-​du̇m \ New Latin, literally, you should have the body for prosecuting
: a writ for removing a prisoner for trial in the jurisdiction of the issuing court where the prisoner committed a crime
— habeas corpus ad subjiciendum \ -​ˌad-​səb-​ˌji-​sē-​ˈen-​dəm, -​ˌji-​shē-​; -​ˌäd-​su̇b-​ˌyi-​kē-​ˈen-​du̇m How to pronounce -ˌad-səb-ˌji-sē-ˈen-dəm, -ˌji-shē-; -ˌäd-su̇b-ˌyi-kē-ˈen-du̇m (audio) \ New Latin, literally, you should have the body for submitting
: an extraordinary writ issued upon a petition challenging the lawfulness of restraining a person who is imprisoned or otherwise in another's custody

— called also the Great Writ

Note: Habeas corpus ad subjiciendum is an extraordinary remedy, and is by far the most frequently used writ of habeas corpus. It is an independent civil action and a form of collateral attack to determine not the guilt or innocence of the person held in custody, but whether the custody is unlawful under the U.S. Constitution. Common grounds for relief under the writ include a conviction based on illegally obtained evidence, a denial of effective assistance of counsel, or a conviction by a jury that was improperly selected and impaneled. The degree of restraint on a person's liberty that is necessary to constitute custody entitling a person to habeas corpus relief is not viewed uniformly by the courts. Use of the writ is not limited to criminal matters. It is also available in civil matters, as, for example, to challenge a person's custody of a child or the institutionalization of a person declared incompetent.

— habeas corpus ad testificandum \ -​ˌad-​ˌtes-​ti-​fi-​ˈkan-​dəm, -​ˌäd-​ˌtes-​tē-​fē-​ˈkän-​du̇m \ New Latin, literally, you should have the body for testifying
: a writ for bringing a person into a court as a witness
— habeas corpus cum causa \ -​ˌkəm-​ˈkȯ-​zə, -​ˌku̇m-​ˈkau̇-​sä \ New Latin, literally, you should have the body with the cause
: a writ issued from a superior court to an inferior court requiring that a defendant be produced along with the cause for which the defendant has been taken and held

— called also habeas corpus ad faciendum et recipiendum

History and Etymology for habeas corpus

Medieval Latin, literally, you should have the body (the opening words of the writ)

WORD OF THE DAY

See Definitions and Examples

Get Word of the Day daily email!

×

You're never
too cool to learn something new.

Sign up for our Word of the Day
daily newsletter!

No thanks, maybe later.