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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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