Habeas corpus

What habeas corpus means

In practice, you will see habeas corpus in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where habeas corpus comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

How to research the term

Start with the primary source. For example, if habeas corpus appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read habeas corpus in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the current federal court rules online for free.

Related legal terms

• Grant deed: a deed used in California and some other states in which the grantor, by using the word "grant" to convey the property, makes two promises implied by law unless the deed says otherwise: that the grantor has not already conveyed the property or any interest in it to someone else, and that the property is free from encumbrances made or allowed by the grantor or anyone claiming under the grantor (Cal.
• Grantor trust: for federal income tax purposes, a trust whose income is taxed to the grantor (settlor) because the grantor keeps certain powers or interests, under 26 U.S.C. §§ 671 to 679. A revocable trust is usually a grantor trust.
• Guardian: a person appointed by a court with the legal authority and duty to care for another person, called a ward — such as a minor or an adult who cannot manage his or her own affairs — or the ward's property.
• Guilty: responsible for a crime. A defendant becomes guilty in the legal sense by pleading guilty or by being found guilty at trial beyond a reasonable doubt. In federal court, a judge must make sure a guilty plea is voluntary and has a factual basis before accepting it (Fed. R. Crim. P. 11(b)).

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.