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Question 2 • CMS 2026-2027 Founding Principles of the US and NC: Civic Literacy CREDIT RECOVERY

How do a writ of habeas corpus and an indictment differ in their functions within the legal system?

Answer

An indictment is a legal tool used to review the lawfulness of a person's detention, whereas a writ of habeas corpus is used to provide evidence in a criminal case.

An indictment challenges the legality of someone's detention, while a writ of habeas corpus is a formal accusation of a crime.

A writ of habeas corpus is used to file a complaint in civil law, while an indictment is a response to a complaint in criminal law.

A writ of habeas corpus challenges the legality of a person's detention, while an indictment is a formal accusation of a crime.

Explanation

A writ of habeas corpus asks a court to review whether a person is being lawfully detained. An indictment, by contrast, is a formal accusation that someone committed a crime. Therefore, choice D correctly describes the different functions of the two legal terms.

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