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Habeas data is an individual complaint filed before a constitutional court and related to the privacy of personal data. The first such complaint is the habeas corpus (which is roughly translated as " [we command] you have the body"). Other individual complaints include the writ of mandamus (USA), amparo (Spain, Mexico and Argentina), and ...
In United States law, habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s /) is a recourse challenging the reasons or conditions of a person's confinement under color of law.A petition for habeas corpus is filed with a court that has jurisdiction over the custodian, and if granted, a writ is issued directing the custodian to bring the confined person before the court for examination into ...
Habeas corpus (/ ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ⓘ; from Medieval Latin, lit. ' that you have the body ') [1] is a recourse in law by which a report can be made to a court in the events of unlawful detention or imprisonment, requesting that the court order the person's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful.
In the Philippines, amparo and habeas data are prerogative writs to supplement the inefficacy of the writ of habeas corpus (Rule 102, Revised Rules of Court). Amparo means 'protection,' while habeas data is 'access to information.' [1] Both writs were conceived to solve the extensive Philippine extrajudicial killings and forced disappearances since 1999.
A writ of habeas corpus can be granted if a state court decision "resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States[.]" [11] Considering the application of Miranda to Fields' situation, the Court said: [1]
Philippine habeas corpus cases are cases decided by the Supreme Court of the Philippines, which invoke the writ of habeas corpus. The writ of habeas corpus may be suspended in order to prevent any violence in cases of rebellion or insurrection, as the case may be. In Philippine jurisdiction, the present 1987 Philippine Constitution, Article III ...
In most legal systems of the Spanish-speaking world, the writ of amparo (" writ of protection"; also called recurso de amparo, "appeal for protection", or juicio de amparo, "judgement for protection") is a remedy for the protection of constitutional rights, found in certain jurisdictions. [1] The amparo remedy or action is an effective and ...
Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2254 (d) Davis v. Ayala, 576 U.S. 257 (2015), was a case in which the Supreme Court of the United States upheld a death sentence of a Hispanic defendant despite the fact that all Blacks and Hispanics were rejected from the jury during the defendant's trial. [1]