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Collateral attack

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Collateral Attack A legal action in one case challenging another case or another court's ruling.

 


COLLATERAL ATTACK - When a separate and new lawsuit is filed to challenge some aspect of an earlier and separate case, it is called a collateral attack on the earlier case.

Collateral Attack
A new legal proceeding initiated to challenge judgement given in a former case in the form of a new case because of dissatisfaction of the judgment given.

collateral attack
n. a legal action to challenge a ruling in another case.

I would not accept that it is necessary, before abuse may be found, to identify any additional element such as a collateral attack on a previous decision or some dishonesty, ...

This requirement precludes a collateral attack on a conviction properly rendered by a criminal court, and thus avoids conflict between civil and criminal justice.

It is an independent civil action and a form of collateral attack to determine not the guilt or innocence of the person held in custody, but whether the custody is unlawful under the U.S. Constitution.

See also: Collateral, Collate, Action, State, Information

Law CollateralCollateral descendant

 
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