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Legal Terminologywarrant See search warrant or arrest warrant. warranty See guaranty. warranty adjustment program See secret warranty program. warranty deed A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred. warranty of fitness See implied warranty. warranty of merchantability See implied warranty. wash sale The selling and repurchasing of an asset, usually stock, within a very short time frame. People used to do this to realize a loss for tax purposes, but the IRS caught on and made such losses non-deductible for most taxpayers. will A document in which you specify what is to be done with your property when you die and name your executor. You can also use your will to name a guardian for your young children. willful tort A harmful act that is committed in an intentional and conscious way. For example, if your neighbor builds an ugly new fence and you intentionally run it down with your truck, that's a willful tort. But accidentally backing into the fence as you pull out of your driveway is not willful, though it's still a tort. winding up The process of paying off expenses and creditors, settling accounts, and collecting and distributing (to shareholders and owners) whatever assets then remain, all with the ultimate goal of liquidating or closing down a corporation or partnership. wiretapping Eavesdropping on private conversations by connecting listening equipment to a telephone line. To be legal, wire tapping must be authorized by a search warrant or court order. with prejudice A final and binding decision by a judge about a legal matter that prevents further pursuit of the same matter in any court. When a judge makes such a decision, he dismisses the matter with prejudice. witness A person who testifies under oath at a deposition or trial, providing firsthand or expert evidence. In addition, the term also refers to someone who watches another person sign a document and then adds his name to confirm (called attesting) that the signature is genuine. witnesseth Legal jargon meaning to take notice of, used in phrases such as On this day I do hereby witnesseth the signing of this document. words of procreation Language used to leave property to a person and his or her descendants, which typically take the form to A, and the heirs of his body, where A is the person receiving the property. work for hire See work made for hire. work made for hire A work created by an employee within the scope of employment or a work commissioned an author under contract. With a work for hire, the author and copyright owner of a work is the person who pays for it, not the person who creates it. The premise of this principle is that a business that authorizes and pays for a work owns the rights to the work. There are two distinct ways that a work will be classified as “made for hire.”the work is created by an employee within the scope of employment; or the work is commissioned, is the subject of a written agreement, and falls within a special group of categories (a contribution to a collective work, a part of a motion picture or other audiovisual work, a translation, a supplementary work, a compilation, an atlas, an instructional text, a test, or as answer material for a test). The work made for hire status of a work affects the length of copyright protection and termination rights. workers' compensation A program that provides replacement income and medical expenses to employees who are injured or become ill due to their jobs. Financial benefits may also extend to workers' dependents and to the survivors of workers who are killed on the job. In most circumstances, workers' compensation pays relatively modest amounts and prevents the worker or dependents from suing the employer for the injuries or death. workmen's compensation See workers' compensation. workout A debtor's plan to take care of a debt, by paying it off or through loan forgiveness. Workouts are often created to avoid bankruptcy or foreclosure proceedings. wrongful death Death caused by the fault of another. Examples of wrongful conduct that may lead to death include drinking and driving, manufacturing a deficient product, building an unstable structure or failing to diagnose a fatal disease. wrongful death recoveries After a wrongful death lawsuit, the portion of a judgment intended to compensate a plaintiff for having to live without a deceased person. The compensation is intended to cover the earnings and the emotional comfort and support the deceased person would have provided.
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