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Habeas
''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. The writ of ''habeas corpus'' was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus Suspension Act (1863)
The Habeas Corpus Suspension Act, (1863), entitled ''An Act relating to Habeas Corpus, and regulating Judicial Proceedings in Certain Cases,'' was an Act of Congress that authorized the president of the United States to suspend the right of habeas corpus in response to the American Civil War and provided for the release of political prisoners. It began in the House of Representatives as an indemnity bill, introduced on December 5, 1862, releasing the president and his subordinates from any liability for having suspended habeas corpus without congressional approval. The Senate amended the House's bill, and the compromise reported out of the conference committee altered it to qualify the indemnity and to suspend habeas corpus on Congress's own authority. Abraham Lincoln signed the bill into law on March 3, 1863, and suspended habeas corpus under the authority it granted him six months later. The suspension was partially lifted with the issuance of Proclamation 148 by Andrew Johnso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Habeas Corpus Act 1679
The Habeas Corpus Act 1679 is an Act of Parliament in England (31 Cha. 2 c. 2) during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogative writ of ''habeas corpus'', which required a court to examine the lawfulness of a prisoner's detention and thus prevent unlawful or arbitrary imprisonment. Earlier and subsequent history The Act is often wrongly described as the origin of the writ of ''habeas corpus''. But the writ of ''habeas corpus'' had existed in various forms in England for at least five centuries before and is thought to have originated in the Assize of Clarendon of 1166. It was guaranteed, but not created, by Magna Carta in 1215, whose article 39 reads (translated from Latin): "No freeman shall be taken or imprisoned or disseised or exiled or in any way destroyed, nor will we go upon him nor will we send upon him except upon the lawful judgement of his peers or the law of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abraham Lincoln
Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation through the American Civil War and succeeded in preserving the Union, abolishing slavery, bolstering the federal government, and modernizing the U.S. economy. Lincoln was born into poverty in a log cabin in Kentucky and was raised on the frontier, primarily in Indiana. He was self-educated and became a lawyer, Whig Party leader, Illinois state legislator, and U.S. Congressman from Illinois. In 1849, he returned to his successful law practice in central Illinois. In 1854, he was angered by the Kansas–Nebraska Act, which opened the territories to slavery, and he re-entered politics. He soon became a leader of the new Republican Party. He reached a national audience in the 1858 Senate campaign debates against Stephen A. Douglas. L ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Amparo De Libertad
In most legal systems of the Spanish-speaking world, the writ of (" writ of protection"; also called , "appeal for protection", or , "judgement for protection") is a remedy for the protection of constitutional rights, found in certain jurisdictions. The remedy or action is an effective and inexpensive instrument for the protection of individual rights. , generally granted by a supreme or constitutional court, serves a dual protective purpose: it protects the citizen and their basic guarantees, and protects the constitution itself by ensuring that its principles are not violated by statutes or actions of the state that undermine the basic rights enshrined therein. It resembles, in some respects, constitutional remedies such as the available in Colombia, the writ of security () in Brazil and the constitutional complaint () procedure found in Germany. In many countries, an action is intended to protect all rights that are not protected specifically by the constitution ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ
In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, and '' certiorari'' are common types of writ, but many forms exist and have existed. In its earliest form, a writ was simply a written order made by the English monarch to a specified person to undertake a specified action; for example, in the feudal era a military summons by the king to one of his tenants-in-chief to appear dressed for battle with retinue at a certain place and time. An early usage survives in the United Kingdom, Canada, and Australia in a writ of election, which is a written order issued on behalf of the monarch (in Canada, by the Governor General and, in Australia, by the Governor-General for elections for the House of Representatives, or State Governors for state elections) to local officials ( High Sheriffs of eve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Remedy
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of Civil law (common law), civil law jurisdiction, enforces a right, imposes a Sentence (law), penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. In common law jurisdictions and mixed civil-common law jurisdictions, the law of remedies distinguishes between a legal remedy (e.g. a specific amount of monetary damages) and an equitable remedy (e.g. injunctive relief or specific performance). Another type of remedy available in these systems is declaratory relief, where a court determines the rights of the parties to Lawsuit, action without awarding damages or ordering equitable relief. The type of legal remedies to be applied in specific cases depend on the nature of the wrongful act and its liability. In the legal system of the United States, there exists a t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State Of Emergency
A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state during a natural disaster, civil unrest, armed conflict, medical pandemic or epidemic or other biosecurity risk. ''Justitium'' is its equivalent in Roman law—a concept in which the Roman Senate could put forward a final decree ('' senatus consultum ultimum'') that was not subject to dispute yet helped save lives in times of strife. Relationship with international law Under international law, rights and freedoms may be suspended during a state of emergency, depending on the severity of the emergency and a government's policies. Use and viewpoints Though fairly uncommon in democracies, dictatorial regimes often declare a state of emergency that is prolonged indefinitely for the life of the regime, or for extended periods of time ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arbitrary Arrest And Detention
Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law or order. Background Virtually all individuals who are arbitrarily arrested are given no explanation as to why they are being arrested, and they are not shown any arrest warrant. Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held incommunicado and their whereabouts can be concealed from their family, associates, the public population and open trial courts. International law Arbitrarily depriving an individual of their liberty is prohibited under international human rights law. Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile"; that is, no individual, regardless of circumstances, is to be depr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Recourse
A legal recourse is an action that can be taken by an individual or a corporation to attempt to remedy a legal difficulty. * A lawsuit if the issue is a matter of civil law * Contracts that require mediation or arbitration before a dispute can go to court * Referral to police or prosecutor for investigation and possible criminal charges if the matter is a criminal violation * Petition to a legislature or other law-making body for a change in the law if a law is thought to be unjust. * Petition to a president or governor or monarch other chief executive or other official with power to pardon. See also Legal principles * Habeas corpus * Damnum absque injuria, ''loss without injury'' * Arm's length principle * Sovereign immunity. The immunity of state officials or state entities to torts with respect to its subjects. Examples * Arranged marriages may leave the woman without ''legal recourse''. * Bookies and confidence tricksters to block ''legal recourse''. * Victims of bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prerogative Writ
A prerogative writ is a historic term for a writ (official order) that directs the behavior of another arm of government, such as an agency, official, or other court. It was originally available only to the Crown under English law, and reflected the discretionary prerogative and extraordinary power of the monarch. The term may be considered antiquated, and the traditional six comprising writs are often called the extraordinary writs and described as extraordinary remedies. Six writs are traditionally classified as prerogative writs: *'' certiorari'', an order by a higher court directing a lower court to send the record in a given case for review; *''habeas corpus'', a demand that a prisoner be taken before the court to determine whether there is lawful authority to detain the person; *''mandamus'', an order issued by a higher court to compel or to direct a lower court or a government officer to perform mandatory duties correctly; *prohibition, directing a subordinate to stop do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandamus
(; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jersey
Jersey ( , ; nrf, Jèrri, label=Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependencies, Crown Dependency near the coast of north-west France. It is the largest of the Channel Islands and is from the Cotentin Peninsula in Normandy. The Bailiwick consists of the main island of Jersey and some surrounding uninhabited islands and rocks including Les Dirouilles, Écréhous, Les Écréhous, Minquiers, Les Minquiers, and Pierres de Lecq, Les Pierres de Lecq. Jersey was part of the Duchy of Normandy, whose dukes became kings of England from 1066. After Normandy was lost by the kings of England in the 13th century, and the ducal title surrendered to France, Jersey remained loyal to the The Crown, English Crown, though it never became part of the Kingdom of England. Jersey is a self-governing Parliamentary system, parliamentary democracy under a constitutional monarchy, with its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
