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- 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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