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What is the legal term corpus?
Corpus is a Latin word for "body" which can have several meanings, including referring to the body of the prisoner (as in habeas corpus) in the context of criminal law. In the context of trust law corpus means the property or premises of a trust for which the trustee is responsible.
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What is an example of a habeas corpus?
What is an example of habeas corpus? If someone believes that they have been wrongly imprisoned because of a conviction based on discrimination, they can request a habeas corpus appeal.
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What is the purpose of a writ of habeas corpus in Texas?
An application for a writ of habeas corpus asks a court to overturn your conviction because of a state or federal constitutional violation. Unlike a direct appeal, there is no deadline for filing a writ in state court. You do not need to give notice within thirty days of your sentence.
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What does habeas corpus mean in simple terms?
Recorded as a legal borrowed word by the 1460s in English, habeas corpus literally means in Latin “you shall have the body,” or person, in court, and a writ is a formal order under seal, issued in the name of a sovereign, government, court, or other competent authority.
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What is the actual meaning of habeas corpus?
: the right of a citizen to obtain a writ of habeas corpus as a protection against illegal imprisonment. Etymology. derived from the Latin phrase, meaning literally "you should have the body," used as the opening words of a legal order to jailers to bring the prisoner to court.
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What is a habeas corpus violation?
Habeas Corpus petitions are filed in a California court by inmates or, more specifically, their attorneys, claiming they have been unlawfully detained or imprisoned. It is considered a last legal resort after other legal remedies and appeals have been exhausted.
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Why would a judge issue a writ of habeas corpus?
A Writ of Habeas Corpus is one of the primary ways of obtaining a client's freedom based on his or her actual innocence. Actual innocence Writs of Habeas Corpus can include witness statements, affidavits, and other external evidence that shows how the client has been wrongfully convicted.
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What does the Constitution say about habeas corpus?
Article I, Section 9, Clause 2: 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.
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