Writ Of Habeas Corpus
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Writ Of Habeas Corpus
''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 ...
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Medieval Latin
Medieval Latin was the form of Literary Latin used in Roman Catholic Western Europe during the Middle Ages. In this region it served as the primary written language, though local languages were also written to varying degrees. Latin functioned as the main medium of scholarly exchange, as the liturgical language of the Church, and as the working language of science, literature, law, and administration. Medieval Latin represented a continuation of Classical Latin and Late Latin, with enhancements for new concepts as well as for the increasing integration of Christianity. Despite some meaningful differences from Classical Latin, Medieval writers did not regard it as a fundamentally different language. There is no real consensus on the exact boundary where Late Latin ends and Medieval Latin begins. Some scholarly surveys begin with the rise of early Ecclesiastical Latin in the middle of the 4th century, others around 500, and still others with the replacement of written Late Latin ...
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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 doi ...
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United States District Court For The Southern District Of New York
The United States District Court for the Southern District of New York (in case citations, S.D.N.Y.) is a United States district court, federal trial court whose geographic jurisdiction encompasses eight counties of New York (state), New York State. Two of these are in New York City: Manhattan, New York (Manhattan) and The Bronx, Bronx; six are in Downstate: Westchester County, New York, Westchester, Putnam County, New York, Putnam, Rockland County, New York, Rockland, Orange County, New York, Orange, Dutchess County, New York, Dutchess, and Sullivan County, New York, Sullivan. Appeals from the Southern District of New York are taken to the United States Court of Appeals for the Second Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the United States Court of Appeals for the Federal Circuit, Federal Circuit). Because it covers Manhattan, the Southern District of New York has long been one of the most active an ...
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Palace Of Westminster
The Palace of Westminster serves as the meeting place for both the House of Commons of the United Kingdom, House of Commons and the House of Lords, the two houses of the Parliament of the United Kingdom. Informally known as the Houses of Parliament, the Palace lies on the north bank of the River Thames in the City of Westminster, in central London, England. Its name, which derives from the neighbouring Westminster Abbey, may refer to several historic structures but most often: the ''Old Palace'', a England in the Middle Ages, medieval building-complex largely Burning of Parliament, destroyed by fire in 1834, or its replacement, the ''New Palace'' that stands today. The palace is owned by the Crown. Committees appointed by both houses manage the building and report to the Speaker of the House of Commons (United Kingdom), Speaker of the House of Commons and to the Lord Speaker. The first royal palace constructed on the site dated from the 11th century, and Westminster beca ...
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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 ...
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Queen Victoria
Victoria (Alexandrina Victoria; 24 May 1819 – 22 January 1901) was Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837 until Death and state funeral of Queen Victoria, her death in 1901. Her reign of 63 years and 216 days was longer than that of List of monarchs in Britain by length of reign, any previous British monarch and is known as the Victorian era. It was a period of industrial, political, scientific, and military change within the United Kingdom, and was marked by a great expansion of the British Empire. In 1876, the British Parliament voted to grant her the additional title of Empress of India. Victoria was the daughter of Prince Edward, Duke of Kent and Strathearn (the fourth son of King George III), and Princess Victoria of Saxe-Coburg-Saalfeld. After the deaths of her father and grandfather in 1820, she was Kensington System, raised under close supervision by her mother and her comptroller, John Conroy. She inherited the throne aged 18 af ...
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Subjunctive Mood
The subjunctive (also known as conjunctive in some languages) is a grammatical mood, a feature of the utterance that indicates the speaker's attitude towards it. Subjunctive forms of verbs are typically used to express various states of unreality such as: wish, emotion, possibility, judgment, opinion, obligation, or action that has not yet occurred; the precise situations in which they are used vary from language to language. The subjunctive is one of the irrealis moods, which refer to what is not necessarily real. It is often contrasted with the indicative, a realis mood which is used principally to indicate that something is a statement of fact. Subjunctives occur most often, although not exclusively, in subordinate clauses, particularly ''that''-clauses. Examples of the subjunctive in English are found in the sentences "I suggest that you ''be'' careful" and "It is important that she ''stay'' by your side." Indo-European languages Proto-Indo-European The Proto-Indo-European ...
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Movant
In United States law, a motion is a procedural device to bring a limited, contested issue before a court for decision. It is a request to the judge (or judges) to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is regulated by court rules which vary from place to place. The party requesting the motion may be called the ''moving party'', or may simply be the ''movant''. The party opposing the motion is the ''nonmoving party'' or ''nonmovant''. Process In the United States, as a general rule, courts do not have self-executing powers. In other words, in order for the court to rule on a contested issue in a case before it, one of the parties or a third party must raise an appropriate motion asking for a particular order. Some motions may be made in the form of an oral request in open court, which is then either summarily granted or denied orally by the court. This is still common with motions ...
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Petitioner
{{Unreferenced, date=December 2009 A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition. In the courts The petitioner may seek a legal remedy if the state or another private person has acted unlawfully. In this case, the petitioner, often called a plaintiff, will submit a plea to a court to resolve the dispute. To the government On the other hand, the petitioner may be complaining against the law it to "... make no law... abridging... the right of the people peaceably to assemble, and to petition the government for redress of grievances". A petitioner need not seek a change to an existing law. Often, petitioners speak against (or in support of) legislative proposals as these progress. The Whig party A group of 17th century English politicians became known as Petitioners, due to their support of the Exclusion Bill, a bill which would prevent the succession to the throne of the Catholic James, Du ...
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Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th cen ...
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Procedendo
In common-law jurisprudence, ''procedendo'' is one of the prerogative writs. It is a writ that sends a case from an appellate court to a lower court with an order to proceed to judgment. {{quote, The writ of procedendo is merely an order from a court of superior jurisdiction to one of inferior jurisdiction to proceed to judgment. It does not in any case attempt to control the inferior court as to what that judgment should be. The writ of ''procedendo ad judicium'' was the earliest remedy for the refusal or neglect of justice on the part of the courts. It was an original writ, issuing out of chancery to the judges of any subordinate court, commanding them in the king's name to proceed to judgment, but without specifying any particular judgment. In case of disobedience or of neglect on the part of the judges to whom it was addressed, or refusal by them to act, they were liable to punishment for contempt. Inherently, the most important limitation on this jurisdiction is that the wr ...
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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 aggrie ...
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