Tag: Writs
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Writ Scope
Habeas Corpus: Scope of the WritAt the English common law, habeas corpus was available to attack pretrial detention and confinement by executive order; it could not be used to question the conviction of a person pursuant to the judgment of a court with jurisdiction over the person. That common law m…
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Process of the Writ
Habeas Corpus: The Process of the WritA petition for a writ of habeas corpus is filed by or on behalf of a person in "custody," a concept which has been expanded so much that it is no longer restricted to actual physical detention in jail or prison.<a name=t1 href=#f1 target="_self&qu…
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Habeas Corpus
Suspension of Habeas Corpus by the PresidentSee Article I, § 9.ResourcesNotes and ReferencesThis text about Habeas Corpus is based on "The Constitution of the United States…
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Power to Issue Writs
Power to Issue Writs: The Act of 1789From the beginning of government under the Constitution of 1789, Congress has assumed, under the Necessary and Proper Clause, its power to establish inferior courts, its power to regulate the jurisdiction of federal courts, and its power to regulate the issuance …
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Common Law Powers
Common Law Powers of District of Columbia CourtsThe portion of § 13 of the Judiciary Act of 1789 that authorized the Supreme Court to issue writs of mandamus in the exercise of its original jurisdiction was held invalid in Marbury v. Madison,1 a…