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Click
on the first letter of the word from the list
above to go to the appropriate section of the
glossary.
- W -
Waiver:
Knowing and voluntary relinquishment of a right.
Compare with release.
Waiver
of Immunity: A means authorized by statute by
which a witness, before testifying or producing
evidence, may relinquish the right to refuse to
testify against himself or herself, thereby making
it possible for his or her testimony to be used
against him or her in future proceedings.
Warrant:
Most commonly, a court order authorizing law
enforcement officers to make an arrest or conduct
a search. An affidavit seeking a warrant must
establish probable cause by detailing the facts
upon which the request is based.
Will:
A legal declaration that disposes of a person's
property when that person dies.
Willful
Negligence: Intentional performance of an
unreasonable act in disregard of a known risk,
making it highly probable that harm will be
caused. Willful negligence usually involves a
conscious indifference to the consequences. There
is no clear distinction between willful negligence
and gross negligence.
Without
Prejudice: A claim or cause dismissed without
prejudice may be the subject of a new lawsuit.
With
Prejudice: Applied to orders of judgment
dismissing a case, meaning that the plaintiff is
forever barred from bringing a lawsuit on the same
claim or cause.
Witness:
A person who testifies to what he or she has seen,
heard. or otherwise experienced. Also, a person
who observes the signing of a will and is
competent to testify that it is the will-maker's
intended last will and testament.
Workers'
Compensation: Insurance required of almost all
employers to help cover their employees' economic
loss due to a job-related injury or illness.
Writ:
Broadly, a court order requiring the performance
of some act or giving authority to have the act
done.
Writ
of Certiorari: An order issued by the Supreme
Court directing the lower court to transmit
records for a case for which it will hear on
appeal.
Wrongful
Death Action: An action brought to recover
damages for the death of a person caused by a
wrongful act or neglect or unlawful violence or
negligence of another; provided that no recovery
for the same damages claimed in the wrongful death
action was obtained by the deceased during his
lifetime. In Pennsylvania, the action may be
brought by the decedent's spouse, children, or
parents. If the decedent has no spouse, children
or parents, the action may be brought by a
personal representative in order to recover
damages for hospital, nursing, medical, funeral
and estate administration costs.
Wrongful
Death Statute: Statutory law that provides the
means for the representative of a decedent to
bring suit alleging that the decedent's death was
caused by someone's willful or negligent act and
to seek compensation for monetary loss suffered
because of the decedent's death.
Wrongful
Death Statutes: Laws giving the family members
of a deceased a cause of action if the death of
their loved one resulted because of another’s
negligence.
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