Exam 11: Writ of Habeas Corpus

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In the Insular Cases, the Supreme Court held that the writ applies in any territory that is not a State.

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The Supreme Court in Boumediene v. Bush held that Art. I, § 9, cl. 2 of the Constitution did not apply to detainees at Guantanamo Bay.

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Which of the following is required before a person can bring a habeas corpus petition?

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What was the basis of the majority's opinion in the Boumediene v. Bush case?

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Why is the writ of habeas corpus referred to as the Great Writ?

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The writ was known and used in some form at least as early as the reign of Edward I.

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The essence of a writ of habeas corpus is an attack by a person in custody upon the legality of that custody.

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The writ protects the rights of the detained by a means consistent with the essential design of the Constitution.

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Chief Justice Roberts in dissent in the Boumediene v. Bush case contended

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Only Congress has the authority to suspend the writ of habeas corpus.

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Explain the U.S. Supreme Court ruling in Alaska v. Wright (2021).

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Which officials may grant a writ of habeas corpus?

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Protection for the privilege of habeas corpus is contained in the Bill of Rights to the U.S. Constitution.

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How do you feel? Should the prisoners being held in Guantanamo Bay have rights to contest the legality of their detention by a writ of habeas corpus?

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What was the rationale of the dissenters' opinion?

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The Supreme Court in Boumediene v. Bush held that

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The Privilege of the Writ of Habeas Corpus was

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The U.S. Constitution provides that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

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