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Are collateral attacks commonly filed in state courts?
1) True
2) False

User Razeh
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1 Answer

3 votes

Final answer:

Collateral attacks are not commonly filed in state courts as they are an alternative to direct appeals and usually occur under specific circumstances, such as when constitutional violations are asserted after direct appeals have been exhausted.

Step-by-step explanation:

Collateral attacks in the context of legal proceedings refer to an attempt to challenge a previous verdict or decision in a new, separate court action, rather than directly appealing the decision through the normal appellate process. While they can occur in state courts, they are not commonly filed, especially compared to direct appeals. Collateral attacks typically occur in instances where a defendant believes their conviction is in violation of constitutional rights and have already exhausted the direct appeal options, or where new evidence emerges post-conviction.

It is important to note that a state case is more likely to be heard by the federal courts when it involves a federal question, which includes cases that invoke the U.S. Constitution or federal law. This can range from criminal to civil matters such as employment discrimination and securities fraud. However, instances like these do not represent the majority of cases dealt with by state courts.

User TSeymour
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