Collateral Attack

Collateral Attack
"Legal Lexicon":
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. This is different than an appeal, which is a challenge to some aspect of a decision made in the same case.
Example: Sam obtains a divorce in Nevada without properly notifying his wife, Laurie. Laurie files a later lawsuit seeking to set aside the divorce and start the divorce proceedings over. Laurie's case is a collateral attack on the divorce.
The law wants judgments to be final whenever possible, and thus collateral attacks are discouraged. Many are filed, but usually only succeed when an obvious injustice or unconstitutional treatment occurred in the earlier case.

English-Chinese law dictionary (法律英汉双解大词典). 2013.

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Look at other dictionaries:

  • collateral attack — see attack Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. collateral attack n …   Law dictionary

  • collateral attack on judgment — See collateral attack …   Ballentine's law dictionary

  • collateral attack — Attempting to impeach or challenging the integrity of ajudgment, decree, or order in an action or proceeding other than that in which the judgment, decree, or order was rendered, other than by appeal from, or review of, the judgment, decree, or… …   Ballentine's law dictionary

  • collateral — col·lat·er·al 1 /kə la tə rəl, la trəl/ adj 1 a: accompanying as a secondary fact, activity, or agency but subordinate to a main consideration b: not directly relevant or material a collateral evidentiary matter a collateral issue 2: belonging to …   Law dictionary

  • attack — at·tack n: an attempt to prove something invalid or incorrect esp. through judicial procedures made an attack on the will as not properly witnessed; specif: an attempt to have the judgment of a court corrected or overruled collateral attack: an… …   Law dictionary

  • collateral — /kalaetsral/ Property which is pledged as security for the satisfaction of a debt. Collateral is additional security for performance of principal obligation, or that which is by the side, and not in direct line. Shaffer v. Davidson, Wyo., 445… …   Black's law dictionary

  • collateral — /kalaetsral/ Property which is pledged as security for the satisfaction of a debt. Collateral is additional security for performance of principal obligation, or that which is by the side, and not in direct line. Shaffer v. Davidson, Wyo., 445… …   Black's law dictionary

  • collateral impeachment — A collateral attack. Racey v Racey, 12 Okla 650, 73 P 305. See collateral attack …   Ballentine's law dictionary

  • attack — To fall upon with force; to assault, as with force of arms; to assault. Phipps v State, 34 Tex Crim 560, 565, 31 SW 397. To question validity or sufficiency, as to attack a statute on constitutional grounds or to attack a pleading for want or… …   Ballentine's law dictionary

  • collateral proceeding — An action or proceeding wherein a judgment is attacked collaterally, that is, without seeking directly the overturning of the judgment. Alford v Guffy (Ky) 115 SW 216, 217. See collateral attack …   Ballentine's law dictionary

  • Collateral Damage (film) — Collateral Damage Theatrical release poster Directed by Andrew Davis Produced by …   Wikipedia

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