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Simple English definitions for legal terms
direct attack
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A quick definition of direct attack:
Direct attack refers to the process of challenging a court decision within the same legal proceeding. This can involve filing a motion for a new trial or appealing the decision to a higher court. It is different from a collateral attack, which involves challenging a court decision in a separate legal proceeding. Direct attacks can also include taking independent legal action to prevent the enforcement of a court decision.
A more thorough explanation:
Definition: Direct attack refers to an attempt to challenge or change a court decision through legal proceedings within the same case or trial. This can be done by filing a motion for a new trial or by appealing the decision to a higher court. It is different from collateral attack, which involves challenging a court decision in a separate legal proceeding.
Examples:
- John was found guilty of a crime and sentenced to prison. He filed a motion for a new trial, which is a direct attack on the original judgment.
- Mary lost a civil lawsuit and appealed the decision to a higher court. This is also a direct attack on the original judgment.
These examples illustrate how direct attack involves using legal procedures within the same case to challenge or modify a court decision. It is a way for parties to seek justice and ensure that their rights are protected.