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Simple English definitions for legal terms

collateral attack

Read a random definition: lex Poetelia

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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14:16
@lilypadfrog: wow more recent than i would have wagered
14:17
how is it so that I creep a rando and their app year is 2005-2005?
14:17
2005-2006* for example
renard99
14:18
^ find that rando in your circle and ask them where they've stored all their cycle letters
ReminiscentZestyFish
14:18
Vandy??
renard99
14:18
Possibly in a dark corner of the attic in a box
VANDY
soyalmondoatmilk
14:18
vandy A let's gooooo
all the Vandy
ReminiscentZestyFish
14:18
Aint no way
jackfrost11770
14:19
Wow that's awesome nothing from vandy
GreyCeaselessMammoth
14:19
what
GreyCeaselessMammoth
14:19
fuck
renard99
14:19
@soyalmondoatmilk: Congratulations!!!
jackfrost11770
14:19
I applied in November
jackfrost11770
14:19
Idk when the As did
GreyCeaselessMammoth
14:19
does anyone know if they usually release all at once or waht
nothing
jackfrost11770
14:20
Well I hope not otherwise I'm screwed
jackfrost11770
14:21
Anderson cooper PLEASEEEEE
For ED and their last wave of decisions it was an email all at once
GreyCeaselessMammoth
14:22
ugh
gonna go cry
jackfrost11770
14:22
Ugh
jackfrost11770
14:22
:(
ReminiscentZestyFish
14:23
Small ahh wave
GreyCeaselessMammoth
14:23
yeah the smallness of this wave makes me think there might be more to come? am i being crazy? only one wave a month it should be a tsunami rn
14:24
@jackfrost11770: chillll it still early in the cycle, especially relative to this and last yearrrr
its also still early in the day
i think theres def more waves todayu
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