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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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