Legal Definitions - direct attack

Definition: Direct attack refers to an attempt to challenge or change a court decision through legal proceedings within the same case or trial. This can be done by filing a motion for a new trial or by appealing the decision to a higher court. It is different from collateral attack, which involves challenging a court decision in a separate legal proceeding.

Examples:

• John was found guilty of a crime and sentenced to prison. He filed a motion for a new trial, which is a direct attack on the original judgment.
• Mary lost a civil lawsuit and appealed the decision to a higher court. This is also a direct attack on the original judgment.

These examples illustrate how direct attack involves using legal procedures within the same case to challenge or modify a court decision. It is a way for parties to seek justice and ensure that their rights are protected.