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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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