Collateral attack
Attack on a prior judgment in a new case (i.e., not by direct appeal). Also called an indirect attack. Examples include habeas corpus petitions and claims that a prior judgment was invalid after the opposing party cites it for strategic advantage in a new case.
For a habeas corpus case, see Miller-El v. Dretke 545 U.S. 231 (2005).
For how prior judgments can affect a new case, see res judicata and collateral estoppel.
Definition from Nolo’s Plain-English Law Dictionary
A legal action in one case challenging another case or another court's ruling. For example, a father ordered to pay child support in a divorce case in Minnesota, collaterally attacks the order in a Maine court claiming that the Minnesota court did not have jurisdiction over him.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:12 pm
