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Glossary
Wagner Act
A 1935 American federal statute which recognized employee
rights to collective bargaining, protected the right to belong
to a union, prohibited many anti-union tactics then used by
employers, and set up the National Labor Relations Board. The
NLRB was given wide enforcement powers. It was later amended
by the Taft-Hartley Act in 1947.
Waiver
A disclaimer or renunciation to a right that might have
otherwise been available. Waivers need not always be in
writing and may sometimes be interpreted by a person's actions
Warrant
A written order authorizing official action by law enforcement
officials, usually directing them to arrest the individual
named in the warrant. A search warrant orders that a specific
location be searched for items, which if found, can be used in
court as evidence.
Warranty
A guarantee given on the performance of a product or the doing
of a certain thing. Many consumer products come with a
warranty under which the manufacturer will repair or replace
any product that fails during the warranty period; the
commitment to repair or replace being the "warranty".
Waste
The abuse, destruction or permanent change to property by one
who is merely in possession of it, as in the case of a tenant
or a life tenant.
Wedlock
Being married. Has the same meaning as "matrimony." Used
mostly to refer to illegitimate children as "born out of
wedlock."
Will
A written and signed statement, made by an individual,
providing for the disposition of their property upon their
death. Other types of wills also exist, such as a holographic
will (which see). See also codicil and probate.
Wire-tapping
An electronic surveillance device which secretly records
conversations held over a phone line. It is usually only
allowed with the permission of a judge and if it can be shown
to be necessary for the solving of a serious crime.
Without prejudice
Exact wording set into a written document which qualifies the
signatory as exempted from its content to the extent that the
content may be interpreted as containing admissions or other
interpretations which could later be used against the person
signing; or as otherwise affecting any legal rights of the
person signing. A lawyer will often send a letter "without
prejudice" in case the letter makes admissions which could
later prove inconvenient to the client.
Witness
A person who perceives an event (by seeing, hearing, smelling
or other sensory perception). The legal definition refers to
the court-supervised recital of that sensory experience, in
writing (deposition) or verbally (testimony).
Words of limitation
Words in a conveyance or in a will which set the duration of
an estate. If a will said "to Bob and his heirs", the words
"and his heirs" are words of limitation because they indicate
that Bob gets the land in fee simple and his heirs get no
interest.
Words of purchase
Words which specifically name the person to whom land is being
conveyed. The property is conveyed to someone specifically and
by name in a legal act such as a conveyance or will. This
would preclude, for example, transfer as a result of
intestacy.
Writ
An official court document, signed by a judge or bearing an
official court seal, which commands the person to whom it is
addressed, to do something specific. That "person" is
typically either a sheriff (who may be instructed to seize
property, for example) or a defendant (for whom the writ is
the first notice of formal legal action). In this case, the
writ would command the person to answer the charges laid out
in the suit, or else judgment may be made against them in
their absence.
Wrongful death
An American tort law action which claims damages from any
person who, through negligence or direct act or omission,
causes the death of certain relatives (e.g. spouse, children
or parent). These actions are commenced under special
"wrongful death" statutes because under the common law, there
is no right of action for survivors for their own loss as a
result of someone's death.
Wrongful dismissal
Being fired from a job without an adequate reason or without
any reason whatsoever. Employees do not have a right to a job
for life and can be dismissed for economic or performance
reasons but they cannot be dismissed capriciously. Most
employment implies an employment contract, which may be
supplemented by labor legislation, and either could provide
for certain procedures to be followed for dismissal. Failing
to follow these procedures may create a situation in which any
firing is wrongful dismissal and for which the employee could
ask a court for damages against the employer. Can also be
referred to as "dismissal without just cause." Not all states
recognize this tort law action.
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