Meaning & use

habeas corpus

noun·Advancedlegalformal

Last updated

UK/ˌheɪbiəs ˈkɔːpəs/
US/ˌheɪbiəs ˈkɔːrpəs/

Meanings

  1. noununcountablelegal

    A court order requiring the authorities to bring a detained person before a judge so the court can decide whether the imprisonment is lawful.

    Grammar: Usually has no article or plural: she filed for habeas corpus, not 'a habeas corpus'.

    Patterns

    • petition for habeas corpus
    • habeas corpus rights

    The lawyer asked the court for habeas corpus after her client was held for weeks without a charge.

    Judges used habeas corpus to force the prison to explain why the man was still locked up.

    Many constitutions protect habeas corpus as a basic safeguard against arbitrary arrest.

  2. noununcountablelegalfigurative

    The general legal principle that nobody may be kept in custody without lawful reason, often discussed as a basic civil liberty.

    Grammar: Often the subject of political debate: suspending habeas corpus.

    Patterns

    • suspend habeas corpus
    • the right of habeas corpus

    Critics said the new law quietly weakened habeas corpus.

    In history class we studied the moment when the government suspended habeas corpus during a crisis.

Common combinations

writ of habeas corpus
The prisoner's family applied for a writ of habeas corpus.
file a habeas corpus petition
His attorney filed a habeas corpus petition on Monday.
suspend habeas corpus
The president threatened to suspend habeas corpus during the emergency.
habeas corpus rights
Detainees argued that their habeas corpus rights had been ignored.
deny habeas corpus
The court refused to deny habeas corpus to anyone held without trial.

Synonyms and how they differ

writ
A writ is any formal court order, so it is much broader than habeas corpus, which is one specific kind aimed at unlawful detention.
warrant
A warrant authorizes police to arrest or search, whereas habeas corpus challenges a detention that already exists.
subpoena
A subpoena orders someone to appear or hand over evidence, not to release or produce a prisoner.

Word family

corpus noun
Latin for body; in English it also means a body of texts or data.
habeas noun
Rarely used alone, it is the first word of the Latin phrase meaning you shall have.
detention noun
The state of being held in custody, which habeas corpus is meant to test.
detainee noun
A person held in custody.

Commonly confused: habeas corpus or corpse?

habeas corpus vs corpse

A corpse is a dead body. Corpus is a Latin word with a different spelling and pronunciation, and habeas corpus has nothing to do with the dead.

Practice

A lawyer wants a judge to force the police to explain why her client is still in custody. She should ask for ____.

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