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Legal Dictionary W
WAGE EXECUTION: See garnishment.
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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.
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Waiver :
When a person disclaims or renounces to a right that they may have
otherwise had. Waivers are not always in writing. Sometimes a person's
actions can be interpreted as a waiver.
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Warrant
a writ issued by a competent magistrate authorizing an officer to
make an arrest, a seizure, or a search or to do other acts incident to
the administration of justice.
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Warranty :
A guarantee given on the performance of a product or the doing of a
certain thing. For example, many consumer products come with warranties
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".
WARRANT: An official order authorizing a specific act, such as an arrest or the search of someone's home.
WARRANTY: A promise about a product made by either a manufacturer or a seller.
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Waste :
The abuse, destruction or permanent change to property by one who is
merely in possesion of it as in the case of a tenant or a life tenant.
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Wedlock :
Being married. Has the same meaning as "matrimony." Used mostly to
refer to illegitimate children as "born out of wedlock."
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Will :
A written and signed statement, made by an individual, which
provides for the disposition of their property when they die. (See also
codicil and probate.)
WITNESS: Person who comes to court and swears under oath to give truthful evidence.
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Wire-tapping :
An electronic surveillance device which secretly listens in and
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.
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Without prejudice:
A statements set onto a written document which qualifies the
signatory as exempted from it's content to the extent that they 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.
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Witness :
The regular definition of this word is 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).
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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"
were words of limitation because they indicate that Bob gets the land in
fee simple and his heirs get no interest.
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Words of purchase :
Words which specifically name the person to whom land is being
conveyed. The property is conveyed to 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.
WORKER'S COMPENSATION: A benefit paid to an employee who suffers a work-related injury or illness.
WRIT: A judicial order.
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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 these cases, 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).
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Wrongful death :
An American tort law action which claims damages from any person
who, through negligence or direct act or omission, caused the death of
certain relatives (eg. 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. The Canadian equivalent of the wrongful
death legislation is generally known as the "fatal accidents act." In
England, it is known as Lord Campbell's Act.
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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. Either could provide for
certain procedures to be followed, failing 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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