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collateral attack

Defined in 3 dictionaries — Case Law, Ballentine's (1916), Black's (1910)

Definitions from Case Law

From 308 U.S. 371 - Chicot County Drainage District v. Baxter State Bank · 1940Most cited · 2,550 citing opinions

The lower federal courts are all courts of limited jurisdiction, that is, with only the jurisdiction which Congress has prescribed. But none the less they are courts with authority, when parties are brought before them in accordance with the requirements of due process, to determine whether or not they have jurisdiction to entertain the cause and for this purpose to construe and apply the statute under which they are asked to act. Their determinations of such questions, while open to direct review, may not be assailed collaterally.

Show all 4 Supreme Court definitions and how they changed over time 1829–1940

Ballentine's Law Dictionary

James A. Ballentine · 1916

Any proceeding not instituted for the express purpose of annulling, correcting or modifying. See 20 Or. 96, 23 Am. St. Rep. 95, 11 L. R. A. 155, 25 Pac. 362.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

See "Collateral impeachment," infra.

Defined under Collateral in Black's Law Dictionary.