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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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BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
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