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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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