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서울 서초구 반포대로 14길 30, 센추리 412호. TEL: 010-6350-1799 이메일:jawala.lee@gmail.com. Attorney at Law, Tax, Patent. Lee,Jae Wook is a member of the Korean Bar Association and Illinois Bar Association. Licensed to practice in KOREA and U.S.A., Illinois. Attorney Lee has worked since 1997.3. as a prominent Attorney in the legal service field including tax, law, patent, immigration, transaction across the border. You can find more at http://taxnlaw.co.kr

2013년 3월 25일 월요일


COLLATERAL ATTACK

When a separate and new lawsuit is filed to challenge some aspect of an earlier and separate case, it is called a collateral attack on the earlier case. This is different than an appeal, which is a challenge to some aspect of a decision made in the same case.
Example: Sam obtains a divorce in Nevada without properly notifying his wife, Laurie. Laurie files a later lawsuit seeking to set aside the divorce and start the divorce proceedings over. Laurie's case is a collateral attack on the divorce.
The law wants judgments to be final whenever possible, and thus collateral attacks are discouraged. Many are filed, but usually only succeed when an obvious injustice or unconstitutional treatment occurred in the earlier case.

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