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De homine replegiando

Criminal Law and Procedure Doctrine

De homine replegiando, literally personal replevin, is a legal remedy used to liberate a person from unlawful detention on bail, with a view to trying the question of the validity of the law under which the person is held in confinement. The term can also apply more broadly to cases in which a person is not imprisoned by the state, as in the case of Mary Ellen Wilson. It is described as the oldest common law freedom writ, which places it among the earliest common law remedies aimed at securing a person against unlawful confinement.

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Doctrine Category
Procedural Law 1
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Source De homine replegiando (Wikipedia)
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1. Wikipedia: De homine replegiando
a legal remedy used to liberate a person from unlawful detention on bail; the oldest common law freedom writView the Source
De homine replegiando (Wikipedia)
  • Lead section
    De homine replegiando (literally "personal replevin") is a legal remedy used to liberate a person from unlawful detention on bail, "with a view to try the question of the validity of the law under which he is held in confinement." More broadly, the term can also apply to cases where a person is not imprisoned by the state, such as in the case of Mary Ellen Wilson.
  • In Legal System: Common Law, Introduction
    It is the oldest common law freedom writ.
  • In Group: Trial, Jury and Pretrial Protection Doctrines, Introduction, sentence 1
    De homine replegiando (literally "personal replevin") is a legal remedy used to liberate a person from unlawful detention on bail, "with a view to try the question of the validity of the law under which he is held in confinement." More broadly, the term can also apply to cases where a person is not imprisoned by the state, such as in the case of Mary Ellen Wilson.
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