North Carolina BLET Arrest Search and Seizure Practice Test 2025 - Comprehensive Exam Prep

Question: 1 / 400

Which term refers to a court order requiring a person to be brought before a judge?

Writ of Mandamus

Habeas Corpus

The correct term for a court order requiring a person to be brought before a judge is "Habeas Corpus." This legal principle serves to protect an individual's right to not be unlawfully detained or imprisoned. The term itself means "you shall have the body" in Latin, and it specifically refers to the right to challenge the legality of one's detention.

Habeas Corpus is a critical safeguard in the justice system, ensuring that a person can appeal to the courts to assess the lawfulness of their detention. It is fundamentally about ensuring that no one can be held without just cause or due process.

In contrast, a Writ of Mandamus is an order from a court to compel a government agency or official to perform a duty they are legally obligated to complete. A subpoena is a legal document that orders a person to appear in court or produce evidence, but it does not specifically address the issue of unlawful detention like Habeas Corpus does. An affidavit is a written statement confirmed by oath or affirmation, used as evidence in court. Each of these serves different purposes within the legal system, unlike Habeas Corpus, which directly seeks to secure an individual's right to be heard before a judge concerning their detention.

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Subpoena

Affidavit

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