Law Dictionary
	Search:

voluntary pilot A ship pilot who controls a ship with the permiSSion of the vessel s owner. The vessel s owner is personally liable for damage resulting from a collision caused by a voluntary pilot. Cf. compulsory pilot. If a vessel is in the hands of a harbor pilot at the time of the collision, the question arises whether the fault of the pilot is imputed to the vessel owner or operator. American law draws an unwarranted distinction between the voluntary pilot: who is taken on voluntarily, and the compulsory pilot; who is mandated by a statute or local regulation. The voluntary pilot is considered to be the same as any crew member, and his fault is fully attributable to the vessel owner. A compUlsory pilot s fault, however, cannot be imputed to the shipowner personally; the doctrine of respondeat superior does not apply. At most, the vessel is liable in rem since the compulsory pilot s negligence is attributable to the ship. The distinction makes little sense in that it throws the loss upon potentially innocent parties and ignores the fact that the vessel owner commonly carries insurance against this liability. In any colliSion case, therefore, care should be taken to assert a maritime lien and to sue the vessel in rem if a compulsory pilot may be involved, Thomasj. Schoenbaum, Admiralty and Maritime Law § 13-1, at 450-51 (1987).

voluntary pooling Pooling arranged by agreement of the owners of mineral interests.

voluntary respite A respite in which all the creditors agree to the debtor s proposal for an extension of time.

voluntary sale A sale made freely with the seller consent. Cf. forced sale.

voluntary search A search in which no duress or coercion was applied to obtain the defendants consent. See consent search.

voluntary settlement A property settlement made without valuable consideration other than psychological or emotional consideration such as love and affection from the beneficiary. 2. An agreement ending a dispute or lawsuit <the parties reached a settlement the day before trial>. Also termed settlement agreement.

voluntary statement A statement made without the influence of duress, coercion, or inducement.

voluntary stranding Stranding to avoid a more dangerous fate or for fraudulent purposes. The loss occurring when a ship is voluntarily run ashore to avoid capture, foundering, or shipwreck is to be made good by general average contribution, if the ship is afterwards recovered so as to be able to perform its voyage, as such a claim is clearly within the rule that whatever is sacrificed for the common benefit of the associated interests shall be made good by all the interests exposed to the common peril which were saved from the common danger by the sacrifice .... A vessel cannot, however, claim contribution founded on even a voluntary stranding made necessary by ... unseaworthiness or the negligence ofthose in charge, except in pursuance of a valid agreement to that effect." 70 Am.Jur. 2d Shipping § 961, at 1069 (1987).

voluntary surety A surety who receives no consideration for the promise to act as a surety. Also termed accommodation surety. 2. A formal assurance; esp., a pledge, bond, guarantee, or security given for the fulfillment of an undertaking.

voluntary suretyship A suretyship in which the chief object of the contract is to make one party a surety.

voting security See voting stock under STOCK.

voting stock Stock that entitIes the holder to vote in the corporations election of directors and on other matters that are put to a vote. Also termed voting security.

voyage insurance Marine insurance. Insurance covering the insured between destinations. Cf. time insurance.

voyage charter A charter under which the shipowner provides a ship and crew, and places them at the disposal of the charterer for the carriage of cargo to a designated port. The voyage charterer may lease the entire vessel for a voyage or series ofvoyages or may (by "space charter") lease only part of the vessel Cf. time charter. "The fundamental difference between voyage and time charters is how the freight or 'charter hire' is calculated. A voyage charter party specifies the amount due for carrying a specified cargo on a specific voyage (or series of voyages), regardless of how long a particular voyage takes. A time charter party specifies the amount due for each day that the vessel is 'on hire,' regardless of how many voyages are completed." David W. Robertson, Steven F. Friedel! & Michael F. Sturley, Admiralty and Maritime Law in the United States 377 (2001).

voyage policy A marine-insurance policy that insures a vessel or its cargo during a specified voyage.

vulgar abuse See verbal abuse.

vulgar purgation Purgation by fire, hot irons, battle, or cold water; purgation by means other than by oathhelpers. Vulgar purgation was so called because it was not sanctioned by the church after 1215.

vulnerable adult An adult who is physically or mentally disabled; esp., one dependent on institutional services.

Wade hearing See WADE HEARING.

wafer seal A plastic or paper disk, usu. red or gold, affixed to a legal document as a substitute for a wax seal. Wafers are more common in the U.K. than in the U.S. Sometimes shortened to wafer.

wage assignment An assignment by an employee of a portion of the employee's pay to another (such as a creditor). 3. The instrument of transfer <the assignment was appended to the contract>. 4. A welfare recipient's surrender of his or her rights to child support (both current and past due) in favor of the state as a condition of receiving governmental financial assistance <the assignment made economic sense to her because her child support amounted to $200 a month, while she received $400 a month in welfare>. 5. A task, job, or appointment <the student's math assignment> <assignment as ambassador to a foreign country>. 6. The act of assigning a task, job, or appointment <the assignment of various duties>.

wage-and-price freeze A period when the government forbids the increase of wages and prices. 2. A recapitalization of a closed corporation so that the value of its existing capital is concentrated primarily in preferred stock rather than in common stock. By freezing capital, the owner can transfer the common stock to heirs without taxation while continuing to enjoy preferred-stock income during the owner's lifetime, while the common stock grows,

wager policy An insurance policy issued to a person who is shown to have no insurable interest in the person or property covered by the policy. Wager policies are illegal in most states. Also termed gambling policy; graveyard insurance. See insurable interest under INTEREST (2). Cf. interest policy.

wagering contract 1. A contract the performance of which depends on the happening of an uncertain event, made entirely for sport. See gambling contract. Cf. aleatory contract. "Although wagering and gaming agreements were generally enforceable under the English common law, they were condemned in most American states, in part because they were thought to encourage shiftlessness, poverty, and immorality, and in party because they were regarded as too frivolous to be worthy of judicial attention, Irwin v. Williar, 110 U,S. 499 (1884) ('In England it is held that the contracts, although wagers, were not void at common law, . ' . while generally, in this country, all wagering contracts are held to be illegal and void as against public policy:)" E. Allan Farnsworth, Contracts § 5,2 n.4, at 326-27 (3d ed, 1999). 2. A contract in which an uncertain event affects or results from a business transaction. With this type Contracts Clause of wagering contract, a business person is protected from a trade risk.

wainbote An allowance of wood for the repair of wagons. 2. A compensatory payment for causing an injury. Cf. BOTELESS. "Bot (relief, remedy, compensation) was set at a certain number of shillings in case of wounding, a higher number if the wound injured not only flesh but also bone; indemnity had to be higher if the bone was broken. And so it went with other injuries." Charles Herman Kinnane, A First Book on Anglo-American Law 215 (2d ed. 1952).

waiver hearing- See transfer hearing.

war crime See WAR CRIME.

warehouse receipt Sec WAREHOCSE RECEIPT. 3. (usu, pl.) Something received; INCOME <post the daily receipts in the ledger>.

war-mongeringpropaganda Propaganda calculated to produce national support for a war and to encourage the government to declare or join in a war regardless of any legal constraints.

warrant creditor A creditor ofa municipal corporation who is given a municipal warrant for the amount of the claim because the municipality lacks the funds to pay the debt. Cf. certificate creditor.

warrant officer 1. A person who holds a commission or warrant in a warrant-officer grade. A warrant officer s rank is below a second lieutenant or ensign but above cadets, midshipmen, and enlisted personnel. 2. See SERGEA:-.1T-AT-ARMS (4).

warranted arrest An arrest made under authority of a warrant.

warranted search A search conducted under authority of a search warrant.

warrantless arrest A legal arrest, without a warrant, based on probable cause of a felony, or for a misdemeanor committed in a police officer's presence. Also termed arrest without a warrant. See WARRANT.

warrantless search A search conducted without obtaining a proper warrant. Warrantless searches are permissible under exigent circumstances or when conducted incident to an arrest. See exigent circumstances under CIRCUMSTANCE; protective search.

warranty deed A deed containing one or more covenants of tide; esp., a deed that expressly guarantees the grantor's good, clear title and that contains covenants concerning the quality of title, including warranties of seisin, quiet enjoyment, right to convey, freedom from encumbrances, and defense of title against all claims. Also termed general warranty deed;full-covenant-and-warranty deed. See WARRANTY (1). Cf. quitclaim deed; special warranty deed.

war-risk insurance 1. Insurance covering damage caused by war. Ocean marine policies are often written to cover this type of risk. 2. Life and accident insurance provided by the federal government to members of the armed forces. This type of insurance is offered because the hazardous nature of military service often prevents military personnel from obtaining private insurance.

wash sale A sale of securities made at about the same time as a purchase of the same securities (such as within 30 days), resulting in no change in beneficial ownership. A loss from a wash sale is usu. not tax-deductible. And securities laws prohibit a wash sale made to create the false appearance of market activity. - Also termed wash transaction.

wasting asset An asset exhausted through use or the loss of value, such as an oil well or a coal deposit.

wasting property 1. Property that is consumed in its normal use, such as a wasting asset, a leasehold interest, or a patent right. 2. A right to or an interest in such property.

water district A geographical subdivision created by a state or local government entity to provide the public with a water supply.

watered stock Stock issued for less than par value. The term watered stock is a colorful common law phrase describing the situation where shareholders receive shares without paying as much for them as the law requires .... Much of the early common law relating to watered shares concerned the liability of shareholders receiving watered shares to pay the additional conSideration needed to squeeze out the water. ... [It nowl seems clear that a shareholder is liable to the corporation if he or she pays less for the shares than the conSideration fixed by the directors, and this liability is measured by the difference between the fixed consideration and the amount actually paid." Robert W. Hamilton, The Law of Corporations in a Nutshell 120-21 (3d ed. 1991).

weekend sentence See intermittent sentence.

welfare plan Under ERISA, any plan, fund, or program established or maintained by an employer or an employee organization for the purpose of providing to participants or their beneficiaries any number of potential benefits: medical, surgical, or hospital care or benefits; benefits in the event of sickness, accident, disability, death or unemployment; vacation benefits; apprenticeship or other training programs; daycare centers; scholarship funds; prepaid legal services; or holiday and severance benefits. 29 USC A § 1002(1).

well-pleaded complaint An original or initial pleading that sufficiently sets forth a claim for reliefby including the grounds for the court's jurisdiction, the basis for the relief claimed, and a demand for judgment so that a defendant may draft an answer that is responsive to the issues presented. In federal court, a well-pleaded complaint must raise a controlling issue of federal law, or else the court will not have federal-question jurisdiction over the lawsuit.

wheel conspiracy A conspiracy in which a single member or group (the "hub") separately agrees with two or more other members or groups (the "spokes"). The person or group at the hub is the only party liable for all the conspiracies. - Also termed circle conspiracy; hub-and-spoke conspiracy.

when-issued security A security that can be traded even though it has not yet been issued. Any transaction that takes place does not become final until the security is issued.

whereas clause 1. See RECITAL (2). 2. See PREAMBLE (1).

whipsaw strike A strike against some but not all members of a multiemployer association, called for the purpose of pressuring all the employees to negotiate a labor contract. Employers whose workers are not on strike have the right to lock out employees to exert counterpressure on the union.

whisper stock The stock ofa company that is rumored to be the target of a takeover attempt.

white-collar crime See WHITE-COLLAR CRIME.

whole blood See full blood.

whole life insurance See LIFE INSURANCE.

wholesale arrest See dragnet arrest. 3. Maritime law. The taking of a ship and sometimes its cargo into custody by virtue of a court's warrant.

wholesale price The price that a retailer pays for goods purchased (usu. in bulk) from a wholesaler for resale to consumers at a higher price.

widower's allowance See spousal allowance.

widow's allowance See spousal allowance. 2. The sum awarded by a court to a fiduciary as payment for services. 3. A deduction.

wild animal 1. An animal that, as a matter of common knowledge, are naturally untamable, unpredictable, dangerous, or mischievous. See FERAE NATURAE. 2. Any animal not statutorily designated as a domestic animal. Also termed wild creature; animal ferae naturae. "Wild creatures, such as game, are part of the land and pass with it, though it cannot be said that they are within the ownership of any particular person. Wild creatures which have been tamed belong to the person who has tamed them, and animals too young to escape belong to the owner of the land on which they are, but in each case the owner has only a qualified property in them, for the moment they gain or regain their natural liberty the ownership is lost." G.c. Cheshire, Modern Law of Real Property 118 (3d ed. 1933).

wild deed A recorded deed that is not in the chain of title, usu. because a previous instrument connected to the chain of title has not been recorded.

wildcat strike A strike not authorized by a union or by a collective-bargaining agreement. Also termed outlaw strike; quickie strike. 2. The removal of a prospective juror from the jury panel <a peremptory strike>. See CHALLENGE (2). 3. A failure or disadvantage, as bv a criminal conviction <a strike on ones record>. 4. Parliamentary law. A form of the motion to amend by deleting one or more words. See amendment by striking out under AMENDMENT (3).

willful and malicious injury Bankruptcy. Under the statutory exception to discharge, damage to another entity (such as a creditor) caused by a debtor intentionally performing a wrongful act - without just cause or excuse that the debtor knew was certain or substantially certain to cause injury. 11 USCA § 523(a)(6).

willful homicide The act of intentionally causing a person's death, with or without legal justification.

willful infringement An intentional and deliberate infringement of another persons intellectual property. Cf. innocent infringement.

willful, continued and obstinate desertion See obstinate desertion.

willful-blindness instruction An instruction that an otherwise culpable defendant may be held accountable for a crime if the defendant deliberately avoided finding out about the crime. Also termed conscious-avoidance instruction.

windfall-profits tax A tax imposed on a business or industry as a result of a sudden increase in profits. An example is the tax imposed on oil companies in 1980 for profits resulting from the Arab oil embargo of the 1970s.

window tax English law. A tax imposed on a house containing a certain number of windows (uau. more than six). It was established under the Taxation Act of 1695 and replaced with a tax on inhabited houses established under the House Tax of 1851. See HODSEDUTY.

wire fraud An act of fraud using electronic communications, as by making false representations on the telephone to obtain money. The federal Wire Fraud Act provides that any artifice to defraud by means of wire or other electronic communications (such as radio or television) in foreign or interstate commerce is a crime. 18 USCA § 1343.

withdrawn land See RESERVATION (3).

withholding tax A portion of income tax that is subtracted from salary, wages, dividends, or other income before the earner receives payment. The most common example is the income tax and Social-security tax withheld by an employer from an employees pay.

witness fee 1. A statutory fee that must be tendered with a subpoena for the subpoena to be binding. 2. A fee paid by a party to a witness as reimbursement for reasonable expenses (such as travel, meals, lodging, and loss of time) incurred as a result of the witness's having to attend and testify at a deposition or trial. o Any other payment to a nonexpert witness is considered unethical. - Also termed (in English law) conduct money. Cf. expertwitness fee. 2. A heritable interest in land; esp., a fee simple absolute. - Also termed fee estate; feod; feodum; feud; feudum;fief See FEE SIMPLE. Cf. FEU. "To enfeoff someone was to transfer to him an interest in land called a fief - or, if you prefer, a feoff, feod, or feud. Our modern word fee, a direct lineal descendant of fief, implies the characteristic of potentially infinite duration when used to describe an interest in land today; but in the earliest part of the feudal period, a fiefmight have been as small as a life interest. We shall see later that feoffment was not used to transfer interests 'smaller' than life interests e.g., so-called terms for years - but for our purposes now we may simply note that transfers of interests for life or 'larger' were accomplished by livery of seisin." Thomas F. Bergin & Paul G. Haskell, Preface to Estates in Land and Future Interests 11 (2d ed. 1984).

witness jurat A subscribing witnesss certificate acknowledging the act of witnessing. Even though this certificate is technically an acknowledgment and not a true jurat, the phrase witness jurat is commonly used. See ACKNOWLEDGMENT. 2. [fr. Latinjuratus "one sworn"]. In France and the Channel Islands, a municipal officer or magistrate.

women s shelter A privately or publicly operated residential facility providing women (and their children) who are victims ofdomestic violence with temporary lodging, food, and other services such as employment assistance, counseling, and medical care. - Also termed family shelter.

wood-plea court See WOOD-PLEA COURT.

working capital Current assets (such as cash, inventory, and accounts receivable) less current liabilities. Working capital measures liquidity and the ability to discharge short-term obligations.

working control The effective control ofa corporation by a person or group who owns less than 50% of the stock.

working interest See WORKING INTEREST. 3. The compensation fixed by agreement or allowed by law for the use or detention of money, or for the loss of money by one who is entitled to its use; esp., the amount owed to a lender in return for the use of borrowed money. Also termed finance charge. See USURY.

work-product immunity See WORK-PRODUCT RULE. 2. Torts. A doctrine proViding a complete defense to a tort action. Unlike a privilege, immunity does not negate the tort, and it must be raised affirmatively or it will be waived. Cf. PRIVILEGE (2).

work-product privilege See WORK-PRODUCT RULE. 2. An affirmative defense by which a defendant acknowledges at least part of the conduct complained of but asserts that the defendant s conduct was authorized or sanctioned by law; esp., in tort law, a circumstance justifying or excusing an intentional tort. See 1USTIFICATION (2). Cf. IMMUNITY (2). 3. An evidentiary rule that gives a witness the option to not disclose the fact asked for, even though it might be relevant; the right to prevent disclosure of certain information in court, esp. when the information was originally communicated in a profeSSional or confidential relationship. Assertion of an evidentiary privilege can be overcome by proof that an otherwise privileged communication was made in the presence ofa third party to whom the privilege would not apply.

world court See INTERNATIONAL COURT OF JUSTICE.

worthless check See bad check.

worthless security A security that has lost its value, for which a loss (usu. capital) is allowed for tax purposes. IRC (26 USCA) § 165.

wrap account An investment account for which the investor, helped by a stockbroker, selects an account manager and pays a fee based on a percentage of the total assets to be managed. Most wrap accounts contain a portfolio ofinvestments, including stocks, bonds, and cash. Investors generally provide a risk profile but do not select the investments or give instructions to buy or sell. Also termed wrap fee account. See mutual fund wrap account.

written contract A contract whose terms have been reduced to writing. "Written contracts are also commonly signed, but a written contract may consist of an exchange of correspondence, of a letter written by the promisee and assented to by the promisor without signature, or even of a memorandum or printed document not signed by either party. Statutes relating to written contracts are often expressly limited to contracts signed by one or both parties. Whether such a limitation is to be implied when not explicit depends on the purpose and context." Restatement (Second) of Contracts § 95 cmt. c (1979) (citations omitted).

written law Statutory law, together with constitutions and treaties, as opposed to judge-made law. Also termed jus scriptum; lex scripta. Cf. unwritten law.

wrongful adoption See WRONGFUL ADOPTION. 2. Roman law. The legal process of creating a parentchild relationship with a young person who is still under the power of another father. The adopted person became part of the new paterfamilias s agnatic family with exactly the same standing as children (or grandchildren) by blood. This was later modified by Justinian. 3. Contracts. The process by which a person agrees to assume a contract previously made for that person s benefit, such as a newly formed corporation s acceptance of a preincorporation contract. Cf. ADROGATION. 4. Trademarks. The mental act necessary to acquire legal rights in a trademark, consisting of knowledge and intention to use a trademark on or in connection with a product or service in commerce. 5. Parliamentary law. A deliberative assembly s approval or endorsement by vote of a motion or report.- Also termed acceptance; consent; passage; ratification. - adopt, vb. adoptive, adj.

wrongful conduct An act taken in violation ofa legal duty; an act that unjustly infringes on another's rights. Also termed wrongful act.

wrongful discharge A discharge for reasons that are illegal or that violate public policy. 8. The dismissal of a member of the armed services from military service <the sergeant was honorably discharged>.

wrongful garnishment 1. An improper or tortious garnishment. 2. A cause of action against a garnisher for improperly or tortiously filing a garnishment proceeding. 2. The judicial order by which such a turnover is effected. Cf. ATTACHMENT (1); SEQUESTRATION (1). garnishment lien. See LIEN.

XYY-chromosome defense See XYY-CHROMOSOME DEFENSE. 2. A defendant's method and strategy in opposing the plaintiff or the prosecution; a doctrine giving rise to such a method or strategy <the lawyer advised her client to adopt a passive defense and to avoid taking the witness stand>.

year-end dividend An extra dividend paid at the end of the fiscal year depending on the amount of the profits.

year-to-year tenancy See periodic tenancy.

yellow-dog contract See YELLOW-DOG CONTRACT.

Younger abstention 1. A federal court's decision not to interfere with an ongoing state criminal proceeding by issuing an injunction or granting declaratory relief, unless the prosecution has been brought in bad faith or merely as harassment. Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746 (1971). Also termed equitable-restraint doctrine. 2. By extension, a federal court's decision not to interfere with a state-court civil proceeding used to enforce the criminal law, as to abate an obscene nuisance. See OUR FEDERALISM.

younger-generation devise An alternative devise to a descendant of the redpient of a primary devise. Unit. Probate Code § 2-603. A devise of "Blackacre to A, but if A does not survive me then to A's child B" creates a younger-generation devise in A's descendant, B. See alternative devise.

youth court See teen court.

youth shelter 1. A privately or publicly operated residential facility offering young runaway or throwaway children and homeless young people a safe place to stay, usu. for a short time. The residents enter the shelter voluntarily and can leave anytime they wish. Some shelters offer long-term transitional training so that young people can leave street life and eventually lead independent, productive lives. 2. An alternative type of juvenile-detention center that is less physically restrictive than a jail or boot camp. Delinquent juveniles are usu. brought to these shelters by police or ordered to reside there by a court. Residents attend school or work in the daytime and may be permitted weekend visits at their family homes. 2. See TAX SHELTER <the shelter saved the taxpayer over $2,000 in taxes>. - shelter, vb.

youthful offender 1. A person in late adolescence or early adulthood who has been convicted of a crime. A youthful offender is often eligible for special programs not available to older offenders, including community supervision, the successful completion of which may lead to erasing the conviction from the offenders record. 2. JUVENILE DELINQUENT. Also termed young offender; youth offender. Cf. status offender.

yo-yo stock See volatile stock.

z-bond See accrual bond.