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COLLATERAL ATTACK

a challenge to the integrity of a prior judgment, brought in a special proceeding intended for that express purpose. A direct attack, on the other hand, is an attempt to impeach a judgment within the same action in which the judgment was rendered, through an appeal, request for new trial, etc. Lack of proper jurisdiction and constitutional infirmities in the original judgment are often grounds for collateral attack. Habeas corpus is a “collateral attack” remedy. Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

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