Saturday 29 December 2007

Habeas Corpus


Being a law student a.k.a 'law' friend will made you as a reference if there is any legal questions coming into our 'layman' friends’ minds. They keep asking you as you know everything.

As saying goes, Lawyers like to pretend as they know everything even they do not know everything but they know how and where to find it.

That is the secret actually. I guess so.

1 of my friend (engine student) asked me, what is habeas corpus?

The term of Habeas Corpus famously/ frequently used in the newspaper in this 2 weeks time especially after the incident of Hindraft Assembly.

Newspapers also put it as a part of headline in their news. I keep wonder how the normal person a.k.a layman will understand when the title is Habeas Corpus Writ . Supposedly the journalist should put the definition of it since the word is rarely used in normal days. Me myself, keep wondering what is the meaning of this writ since I haven’t met this term before.

I search the internet and even open my lovely Oxford Law Dictionary in understanding the meaning of Habeas Corpus.

Finally, I got the simplest way how to explain to my friend who asked me.

“ Habeas Corpus is a writ used to challenge the validity of a person’s detention either in official custody or in private hands.”

In other words it means that is is a writ sent by the counsel in order to challenge the validity of the person’s detention.

As the time goes, Im sure it totally related to the Hindraf issues. Please refer to my earlier post about : Ethnic Cleansing.

Anyway, It is good to know everything. But as a human being, we cannot afford to do so. So the best way is we must know where to fine the source about any matters at a right place. I am sure all the people who are in the law field will agree with this method even my lecturer as we are all human beings.. Memorising all the cases around the world is ridiculous since we have a billion of cases.

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