A collateral attack in legal terms refers to an attempt to challenge the validity or legality of a court judgement, ruling, or administrative decision in a separate proceeding or forum other than the one where the original decision was made. Unlike a direct attack, which involves appealing or challenging a decision within the same case or proceeding, a collateral attack seeks to challenge the decision indirectly, often in a different context or through a different legal mechanism. Collateral attacks are generally disfavoured by courts because they undermine the finality and integrity of judicial decisions. However, they may be allowed in limited circumstances, such as when there is evidence of fraud, lack of jurisdiction, or a fundamental defect in the original proceeding.
n. a legal action to challenge a ruling in another case. For example, Joe Parenti has been ordered to pay child support in a divorce case, but he then files another lawsuit trying to prove a claim that he is not the father of the child. A “direct attack” would have been to raise the issue of paternity in the divorce action.
A collateral attack refers to a legal action taken by a party to challenge the validity or enforceability of a previous court judgement or decision in a separate proceeding. This type of attack is typically initiated when the party was not able to raise the issue during the original case or when new evidence or legal arguments have emerged. The purpose of a collateral attack is to seek a review or reversal of the previous judgement based on the alleged errors or defects in the original proceedings.
A collateral attack refers to a legal action taken against a previous court decision or judgment, typically in a different court or legal proceeding.
A collateral attack can be made when a party believes that a previous court decision or judgment was obtained through fraud, mistake, or some other irregularity that warrants its reconsideration.
Some examples of collateral attacks include challenging the validity of a will, contesting a previous divorce decree, or questioning the legality of a criminal conviction.
No, a collateral attack can only be made on final court decisions or judgments that have already been rendered and are considered legally binding.
The process for initiating a collateral attack varies depending on the jurisdiction and the specific circumstances of the case. Generally, it involves filing a motion or petition with the appropriate court outlining the grounds for the attack.
If successful, a collateral attack can result in the previous court decision or judgment being overturned, modified, or declared void.
Yes, a collateral attack can be made on a federal court decision. However, the process and requirements may differ from those of a state court collateral attack.
The burden of proof in a collateral attack typically rests on the party seeking to overturn the previous court decision or judgment. They must provide sufficient evidence to convince the court that the decision was obtained through fraud, mistake, or some other irregularity.
Yes, a collateral attack can be made on a decision made by an administrative agency. However, the specific procedures and requirements may vary depending on the agency and the applicable laws and regulations.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 6th April 2024.
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