Legal Definitions - habeas corpus

Definition: Habeas Corpus is a legal term that means "that you have the body". It is a writ, or legal order, that is used to bring a person before a court to ensure that their imprisonment or detention is not illegal. It can also be used to review the legality of an arrest or commitment, the extradition process, the right to or amount of bail, or the jurisdiction of a court that has imposed a criminal sentence.

Example: If someone is arrested and they believe that their arrest was illegal, they can file a petition for a writ of habeas corpus. This would require the authorities to bring the person before a court and prove that the arrest was legal.

Explanation: This example illustrates how habeas corpus can be used to challenge the legality of an arrest. If the court finds that the arrest was illegal, the person may be released from custody.

Example: A person who has been convicted of a crime and sentenced to prison may file a petition for a writ of habeas corpus to challenge the jurisdiction of the court that imposed the sentence.

Explanation: This example illustrates how habeas corpus can be used to challenge the jurisdiction of a court. If the court finds that it did not have jurisdiction to impose the sentence, the person may be released from custody.