When a judge acts as a trespasser of the law?

When a judge acts as a trespasser of the law?

When a judge acts as a trespasser of the law, when a judge does not follow the law, the judge loses subject-matter jurisdiction and the judges orders are void, of no legal force or effect. The U.S. Supreme Court, in Scheuer v. Rhodes, 416 U.S. 232, 94 S. Ct.

What is a collateral attack in legal terms?

collateral attack. n. a legal action to challenge a ruling in another case. For example, Joe Parenti has been ordered to pay child support in a divorce case, but he then files another lawsuit trying to prove a claim that he is not the father of the child.

What is direct attack?

DEFINITIONS AND PROCEDURES. Generally a direct attack is an effort prior to conclusion of the appeal or as an alternative to an appeal, to reform or set aside a judgment within the original action. A collateral attack is a new action or original action filed to attack a prior judgment.

What is a collateral proceeding?

collateral proceeding — An action or proceeding wherein a judgment is attacked collaterally, that is, without seeking directly the overturning of the judgment.

What does collateral review mean?

Collateral review is a term that means “a judicial reexamination of a judgment or claim in a proceeding outside of the direct review process.” Writing for a unanimous Supreme Court, Justice Samuel Alito defined the term collateral review for the court via the court’s 2011 opinion in Wall v. Kholi.

What is habeas corpus review?

Federal habeas corpus is a procedure under which a federal court may review the legality of an individual’s incarceration. It is most often the stage of the criminal appellate process that follows direct appeal and any available state collateral review. The law in the area is an intricate weave of statute and case law.

How do you challenge a compromise decree?

(2) In an appeal against a decree passed in a suit after recording a compromise or refusing to record a compromise, it shall be open to the appellant to contest the decree on the ground that the compromise should, or should not, have been recorded.”