Please use this blog to discuss the case.........sort out the facts.........what are the issues.........what questions do you have? What do you think they meant when they said........?
We want to use this to bring the whole group along so we can carry on a conversation about the case during Constitution Day.
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10 comments:
Brainstormers...you are lucky. This is a great case. Uhh....how did these guys get to the U.S.?
I think you'll love it.
The solution President Roosevelt comes up with looks a lot like some things going on today.
Hi fellow Brainstormers,
whew, Mr Freeman says we are lucky so I am waiting for my luck to pick up with the article. I am on my way I guess. My first question was what is Ex parte,but I think that means ex officer,my next question was what is Per Curiam but I looked that up. In case anyone else needs the answer it means a decision delivered via an opinion issued in the name of the court rather than a specific justice. Still cunfused so am I.okay on to page 3. ck back later.
I'll take your word for it Mr. Freeman, that this is a good case for the "Brainstormers."
Lena, thanks for getting the ball rolling. I'm beginning to get the hang of things now.
Also, I guess I'd better head to a library to find out about the Ex Parte,etc.
Well "per curiam" is to signal the decision is offered by the Court instead of just one justice. It sometimes suggests a consensus or a simple issue, but there are exceptions.
"Ex parte" means at the request of only one side of a dispute.
Hey everyone,
Is anybody know if Justice Murphy's decision is the district court's opinion or the circut appeals court decision?
Forget it it was the Supreme Courts. I did not scroll up high enough when I was reading the artice on the computer. Sorry.
okay fellow Brainstormers, I finished the article and I must say I was looking for more. What happedend to the guys did I miss something? I do know that the guys got to the U.S by disgusing themselves and I do agree with the charges from what I understand of them. They should have been charged by the military because I agree this was an act of war and did not deserve a trial by jury.see you in class.
Hello, fellow brainstormers, could someone tell me what habeas corpus means?
Debbie,
Habeas Corpus is your rite from illegal imprisonment. The petioners in the Quirin case are trying to exercise that rite, but the President in 1942 (I don't know who it was) addressed this issue with military tribunals; however the part that is confusing me is that one petioner, Haupt, is an American citizen. The article mentions some language about him remouncing that rite by his actions but it is still very ambiguious language-- I guess that's law in a nutshell.
In common law countries, habeas corpus (/ˈheɪbiəs ˈkɔɹpəs/) (Latin: [We command] that you have the body) [1] is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of themselves or another person. The writ of habeas corpus has historically been an important instrument for the safeguarding of individual freedom against arbitrary state action.
Also known as "The Great Writ," a writ of habeas corpus ad subjiciendum is a summons with the force of a court order addressed to the custodian (such as a prison official) demanding that a prisoner be brought before the court, together with proof of authority, so that the court can determine whether that custodian has lawful authority to hold that person, or, if not, the person should be released from custody. The prisoner, or some other person on his behalf (for example, where the prisoner is being held incommunicado), may petition the court or an individual judge for a writ of habeas corpus.
The right of habeas corpus—or rather, the right to petition for the writ—has long been celebrated as the most efficient safeguard of the liberty of the subject. Albert Venn Dicey wrote that the Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty." In most countries, however, the procedure of habeas corpus can be suspended in time of national emergency. In most civil law jurisdictions, comparable provisions exist, but they may not be called "habeas corpus."[2]
The writ of habeas corpus is one of what are called the "extraordinary", "common law", or "prerogative writs", which were historically issued by the courts in the name of the monarch to control inferior courts and public authorities within the kingdom. The most common of the other such prerogative writs are quo warranto, prohibito, mandamus, procedendo, and certiorari.[3] When the United States declared independence and became a constitutional republic in which the people are the sovereign, any person, in the name of the people, acquired authority to initiate such writs.
The due process for such petitions is not simply civil or criminal, because they incorporate the presumption of nonauthority,[4] so that the official who is the respondent has the burden to prove his authority to do or not do something, failing which the court has no discretion but to decide for the petitioner, who may be any person, not just an interested party. In this they differ from a motion in a civil process in which the burden of proof is on the movant, and in which there can be an issue of standing.
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