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Simple English definitions for legal terms

collateral attack

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A quick definition of collateral attack:

A collateral attack is when someone tries to challenge the validity of a previous court decision in a new case instead of appealing directly. This can happen if the person believes that the previous decision was unfair or wrong. They have to show that there was a problem with the first case, like the court didn't have the right to make a decision or the person wasn't able to defend themselves properly. This is different from a regular appeal, where the person is asking a higher court to review the decision.

A more thorough explanation:

A collateral attack, also known as an indirect attack, is a legal challenge to the validity of a previous court decision through a new case instead of a direct appeal. This means that a party is trying to prove that a previous judgment was invalid by bringing up new evidence or arguments in a different case.

For example, a person who has been convicted of a crime might file a habeas corpus petition to challenge the validity of their conviction. This is a type of collateral attack because they are not appealing the conviction directly, but rather bringing up new evidence or arguments in a separate case.

Another example of a collateral attack is when a party claims that a previous judgment was invalid after the opposing party cites it for strategic advantage in a new case. This means that the party is trying to show that the previous judgment was not valid and should not be used against them in the new case.

Collateral attacks are often used when a party is barred from raising an issue or claim again because it has already been litigated on the merits. In these cases, the party must show that the initial judgment was invalid in order to re-litigate the issue or claim.

Common grounds for a collateral attack include a lack of personal jurisdiction, a lack of subject matter jurisdiction, and a failure of due process in the first case. For example, if a court did not have the authority to hear a case because the defendant did not live in the state, a collateral attack could be used to challenge the validity of the judgment.

Overall, a collateral attack is a way for a party to challenge the validity of a previous court decision through a new case. This can be done for a variety of reasons, such as to prove that the previous judgment was invalid or to raise new evidence or arguments that were not considered in the previous case.

collateral | collateral consanguinity

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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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