Paralegal Advanced Competency Exam (PACE) Practice Exam

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What does habeas corpus ensure for individuals being detained?

Review of their case by a civil court
Immediate trial without legal representation
A hearing to determine the lawfulness of their detention
Safeguarding against extradition

The correct answer is: A hearing to determine the lawfulness of their detention

Habeas corpus is a legal principle that serves to protect individual freedom and ensure that no one is unlawfully detained. Specifically, it provides the right for a detained individual to seek a hearing in court regarding the legality of their detention. This means that the person has the opportunity to challenge the reasons for their imprisonment and to confirm whether the detention complies with the law. When a writ of habeas corpus is invoked, a court reviews the circumstances surrounding the detention, including potential violations of rights or due process. If the court finds the detention to be unlawful, it has the authority to order the release of the individual. This mechanism is foundational in preventing arbitrary imprisonment and ensuring that the legal rights of individuals are upheld. In contrast, some other concepts, like the review of a case by a civil court or immediate trial without legal representation, do not encapsulate the essence of what habeas corpus guarantees. Furthermore, while extradition is a separate legal issue related to the surrender of individuals between jurisdictions, it is not directly addressed by the habeas corpus application.