Collateral Attack - Law Dictionary Search Results
Home Dictionary Name: collateral attackcollateral attack
collateral attack see attack ...
attack
attack : an attempt to prove something invalid or incorrect esp. through judicial procedures [made an on the will as not properly witnessed] ;specif : an attempt to have the judgment of a court corrected or overruled collateral attack : an attack on a judgment made during or by a proceeding brought for a different purpose see also habeas corpus ad subjiciendum at habeas corpus direct attack : an attack on a judgment made in a proceeding (as an appeal) brought for the specific purpose of having the judgment corrected or overturned attack vb ...
proceeding
proceeding 1 : a particular step or series of steps in the enforcement, adjudication, or administration of rights, remedies, laws, or regulations: as a : an action, hearing, trial, or application before the court collateral proceeding : a proceeding that concerns an order, motion, petition, or writ deriving from or sought in relation to another proceeding (as a trial) [a collateral proceeding on a motion to have the judge in a pending trial disqualified] ;esp : one in which a collateral attack on a judgment is made [sought to avoid the effect of the judgment in a collateral proceeding after denial of a direct appeal] core proceeding : a proceeding (as one instituted by a debtor against a creditor) that is integral to the administration of a bankruptcy estate and so falls under the jurisdiction of the bankruptcy court non-core proceeding : a proceeding involving a matter that relates to a bankruptcy case but that does not arise under bankruptcy laws, that could be adjudicated i...
direct review
direct review : judicial review of a case obtained through ordinary appellate procedure rather than through a collateral attack ...
habeas corpus
habeas corpus [Medieval Latin, literally, you should have the body (the opening words of the writ)] : any of several writs originating at common law that are issued to bring a party before the court ;esp : habeas corpus ad subjiciendum in this entry [the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it "U.S. Constitution art. I"] habeas corpus ad fa·ci·en·dum et re·ci·pi·en·dum [-ad-fa-sē-en-dəm-et-ri-si-pē-en-dəm, -fa-shē-en-; -Ä d-fÄ -kē-en-dm-et-rā-kē-pē-en-dm] [New Latin, literally, you should have the body for doing and receiving] : habeas corpus cum causa in this entry habeas corpus ad pro·se·quen·dum [-ad-prÄ -si-kwen-dəm, -Ä d-prō-sā-kwen-dm] [New Latin, literally, you should have the body for prosecuting] : a writ for removing a prisoner for trial i...
Collateral
Collateral, indirect, sideways, that which hangs by the side; applied in several ways, thus:--collateral assurance, that which is made over and above the deed itself; collateral consanguinity or kindred, which descend from the same stock or ancestor as the lineal relation, but do not descend one from the other, as the issue of two sons; collateral issue, where a criminal convict pleads any matter allowed by law, in bar of execution, as pregnancy, pardon, an act of grace, or diversity of person, viz., that he or she is not the same that was attained, etc., the issue upon which when taken is tried by a jury instanter; collateral security, where a deed is made of other property, besides that already mortgaged, for the better safety of the mortgagee (see Re Athill, (1880) 16 Ch D 211) or a bill of exchange given, or pledge deposited to secure a pre-existing debt; and collateral contract, where a contract by word of mouth co-exists [see e.g., Morgan v. Griffiths, (1871) LR 6 Ex 70; De Lassa...
collateral
collateral 1 a : accompanying as a secondary fact, activity, or agency but subordinate to a main consideration b : not directly relevant or material [a evidentiary matter] [a issue] 2 : belonging to the same ancestral stock but not in a direct line of descent compare lineal 3 a : of, relating to, or being collateral used as a security (as for payment of a debt) b : secured by collateral [a loan] col·lat·er·al·ly adj n 1 : a collateral relative 2 : property pledged by a borrower to protect the interests of the lender in the event of the borrower's default ;specif under Article 9 of the Uniform Commercial Code : property subject to a security interest ...
collateralize
collateralize -ized -iz·ing 1 : to make (a loan) secure with collateral 2 : to use (as securities) for collateral ...
cross-collateralize
cross-collateralize -ized -iz·ing : to secure (a preexisting debt) with cross-collateral cross-collateralization n ...
Collateral or incidental issue
Collateral or incidental issue, a collateral or incidental issue is one that is ancillary to a direct and substantive issue; the former is an auxiliary issue and the latter the principal issue. The expression 'collaterally or incidentally' in issue implies that there is another matter which is 'directly and substantially' in issue, Sajjadanashin Sayed Md. B.E Edr v. Musa Dadabhai Ummer, (2000) 3 SCC 350: AIR 2000 SC 1238 (1243). [Civil Procedure Code 1908, s. 11]...
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