A habeas petition has been described as "the best and only sufficient defense of personal freedom. A Writ of Habeas Corpus literally means bring the body before the court, and therefor the state needs to prove why the detention is proper.In all writs of habeas corpus sought on account of the detention of a spouse or child, the court on hearing all the facts may exercise its discretion. It tests the legality of a detention or a restraint and the goal is to use it really almost i guess it's an emergency basis. The purpose of this order is to ensure that the detainee is not being held unlawfully or without sufficient cause. The term in Latin means "show me the body. This petition, called a writ of Habeas Corpus, is filed in Federal Court (US District Court ) whether you are serving time in a federal or state prison. In many countries, authorities may incarcerate someone for months or years without charging them. Credit Hours: 4 hours. Graded Course Offered: Fall and Spring.
