Paralegal Advanced Competency Exam (PACE) Practice Exam

Which document is considered a precursor to habeas corpus?

1. Constitution

2. Bill of Rights

3. Magna Carta

4. Declaration of Independence

The correct answer is: Magna Carta

The Magna Carta is widely recognized as a precursor to the concept of habeas corpus. This historic document, signed in 1215, established the principle that no individual could be imprisoned without due process of law. While it did not directly state the term "habeas corpus," it laid the groundwork for later legal developments that emphasized the protection of individual rights against arbitrary detention. Habeas corpus itself, which translates to "you shall have the body," is a legal procedure that allows individuals to challenge unlawful detention in court. The foundations laid by the Magna Carta regarding legal rights and the rule of law have made it an essential reference point in the evolution of the legal system that supports habeas corpus. The Constitution and the Bill of Rights do encapsulate and protect individual rights, including the right to due process, but they came later and were influenced by the principles established in documents like the Magna Carta. The Declaration of Independence is a significant historical text asserting the colonies' separation from British rule, but it does not specifically address legal procedures like habeas corpus.