ator was
physically unable to sign, another person could sign
in the testator's presence on the testator's behalf. The
number of required witnesses varied depending on
the circumstances. This type of will was abolished
in 1997. See La. Civ. Code art. 1574. -Also termed
nuncupative testament by public act.
olographic will. See holographic will.
oral will. (1853) A will made by the spoken declara
tion of the testator and usu. dependent on oral tes
timony for proof. See nuncupative will. [Cases: Wills
C=>l36-150.]

1737 Williams Act
parliamentary will. Slang. The legislation that governs
the distribution ofan intestate's property. -The term
arose because the legislature effectively makes an
intestate's will by passing statutes regulating descent
and distribution. The terms ofthe parliamentary will
are gathered from the statutes in effect when the intes
tate died.
postnuptial will (pohst-nap-shal). A will executed after
marriage.
pourover will (por-oh-v;)r). (1946) A will giving money
or property to an existing trust. Cf. pourover trust
under TR1.:ST.
prenuptial will (pree-n3p-sh<ll). (1914) A will executed
before marriage. -At common law, marriage auto
matically revoked a spouse's will, but modern statutes
usu. provide that marriage does not revoke a will
(although divorce does). But ifthis marriage was not
contemplated by the will and there is nothing other
wise on its face to indicate that the testator intention
ally left nothing to any future spouse, the pretermitted
spouse may be entitled to a special forced share of the
estate. Uniform Probate Code  2-508. Also termed
antenuptial will. [Cases: Wills (;::::::60.]
reciprocal will. See mutual will.
sealed will. See mystic will.
seaman's will. See soldier's will.
secret will. See mystic will.
self-proved will. (1963) A will proved by a self-proving
affidavit. See self-proving affidavit under AFFIDAVIT.
-This method of proof, recognized in a growing
number of states, eliminates the practical problems
of obtaining the live testimony ofwitnesses. [Cases:
Wills (;:::::: 113.]
soldier's will. A soldier's informal oral or written will
that is usu. valid despite its noncompliance with
normal statutory formalities, as long as the soldier
was in actual service at the time the will was made.
Also termed seaman's will; mariner's will; military tes
tament; soldier's and sailor's will.
undutiful will. Civil law. See unnatural will.
unnatural will. (1854) A will that distributes the tes
tator's estate to strangers rather than to the testator's
relatives, without apparent reason. Also termed (in
civil law) undutiful will. [Cases: Wills
unofficious will. See inofficious testament under TES
TAMENT.
unsolemn will. Civil law. A will in which an executor
is not named.
unwritten will. See nuncupative will.
verbal will. See nuncupative will.
will and testament. See WILL.
will contest. Wills & estates. The litigation of a will's
validity, usu. based on allegations that the testator
lacked capacity or was under undue influence. [Cases:
Wills (;::::::203-434.] willful, adj. (13c) Voluntary and intentional, but not
necessarily malicious. -Sometimes spelled Wilful. Cf.
WANTO:N. willfulness, n.
'The word 'Wilful' or 'Wilfully' when used in the defini
tion of a crime, it has been said time and again, means
only intentionally or purposely as distinguished from acci
dentally or negligently and does not require any actual
impropriety; while on the other hand it has been stated
with equal repetition and insistence that the requirement
added by such a word is not satisfied unless there is a bad
purpose or evil intent." Rollin M. Perkins & Ronald N. Boyce,
Criminal Law 875-76 (3d ed. 1982).
"Almost all of the cases under [Bankruptcy Code  523(a)(6)]
deal with the definition of the two words 'willful' and 'mali
cious.' Initially one might think that willful and malicious
mean the same thing. If they did, Congress should have
used one word and not both. Most courts feel compelled
to find some different meaning for each of them." David G.
Epstein et aI., Bankruptcy  7-30, at 531 (1993).
willful and malicious injury. See INJURY.
willful and wanton misconduct. See MISCOKDUCT.
willful and wanton negligence. See gross negligence
under NEGLIGENCE.
willful blindness. (1927) Deliberate avoidance ofknowl
edge of a crime, esp. by failing to make a reasonable
inquiry about suspected wrongdOing despite being
aware that it is highly probable. - A person acts with
willful blindness, for example, by deliberately refusing
to look inside an unmarked package after being paid
by a known drug dealer to deliver it. Willful blind
ness creates an inference ofknowledge of the crime in
question. See Model Penal Code  2. [Cases: Criminal
Law 314.]
willful-blindness instruction. See JURY INSTRUCTION.
willful, continued, and obstinate desertion. See obsti
nate desertion under DESERTIOK.
willful homicide. See HOMICIDE.
willful indifference to the safety of others. See willful
and wanton misconduct under MISCONDUCT.
willful infringement. See INFRINGEMENT.
willful misconduct. See MISCOND1.:CT.
willful misconduct ofan employee. See MISCONDUCT.
willful murder. See MURDER.
willful neglect. See NEGLECT.
willful negligence. 1. See advertent negligence under
NEGLIGENCE. 2. See gross negligence (2) under ::-<EGLI
GENCE.
willfulness. (13c) 1. The fact or quality of acting pur
posely or by design; deliberateness; intention. -Willful
ness does not necessarily imply malice, but it involves
more than just knowledge. 2. The voluntary, intentional
violation or disregard of a known legal duty. Also
termed legal willfulness. [Cases; Negligence (;::::::275.]
willful tort. See intentional tort under TORT.
willful wrong. See intentional wrong under WRONG.
Williams Act. A federal statute, enacted in 1968, that
amended the Securities Exchange Act of 1934 by

1738 Wills Act
requiring investors who own more than 5% ofa com
pany's stock to furnish certain information to the SEC
and to comply with certain requirements when making
a tender offer. [Cases: Securities Regulation ~52.l0-
52.50.]
Wills Act. 1. STATUTE OF WILLS (1). 2. An 1837 English
statute that allowed people to dispose of every type of
property interest by will and that had an elaborate set of
requirements for valid execution . Some states today
continue to adhere to these stringent requirements.
Cf. Uniform Probate Code  2-502. -Also termed (in
sense 2) Lord Langdale's Act.
will substitute. A document or instrument that allows a
person, upon death, to dispose ofan estate in the same
or similar manner as a will but without the formali
ties and expense of a probate proceeding . The most
common will substitutes are trusts, life-insurance
plans, and retirement-benefits contracts. The creation
of will substitutes has been one of the most important
developments in the area of decedents' estates in the
past 50 Cf. nonprobate asset under ASSET. [Cases:
Wills
Winchester, Statute of. Hist. A statute passed in the 13th
year of the reign of Edward I, requiring every man to
provide himself with armor to keep the peace, rec
ognizing and regulating the offices of high and petty
constables, organizing the police, and enforcing the
old Saxon police laws . It was repealed in 1827 by the
Criminal Statutes (England) Repeal Act. St. 7 & 8 Geo.
4, ch. 27.
Winchester measure. Hist. The standard weights and
measures of England, originally kept at Winchester.
windfall. (I5c) An unanticipated benefit, usu. in the form
ofa profit and not caused by the recipient.
windfall-profits tax. See TAX.
winding up, n. (1858) The process of settling accounts
and liquidating assets in anticipation ofa partnership's
or a corporation's dissolution. Cf. DISS01"UTION (4).
[Cases: Corporations (;::::618; Partnership ~277.l
wind up, vb. wind up, n.
window-dressing. (1898) The deceptive arrangement of
something, usu. facts or appearances, to make it appear
more attractive or favorable . The term is often used to
describe the practice of some financial managers, esp.
some managers of mutual funds, to sell certain posi
tions at the end of a quarter to make an investment's
quarterly performance appear better than it actually
was. See PORTFOLIO PUMPING.
window tax. See TAX.
winner-take-all vote. See VOTE (3).
wipe. See SWIPE (3).
WIPO. abbr. WORLD INTELLECTGAL PROPERTY ORGA
NIZATION.
WIPO Copyright Treaty. A 1996 treaty that made
changes in the Berne Convention in light ofthe TRIPs
Agreement and dealt with new copyright issues raised
by the emergence of the Internet and other digital technology"  The WIPO Treaty expressly protects
computer software and databases and expressly
excludes from protection "ideas, procedures, methods
of operation or mathematical concepts as such." The
WIPO Copyright Treaty was adopted simultane
ously with the WIPO Performances and Phonograms
Treaty. -Abbr. WCT.
WIPO digital agenda. See DIGITAL AGENDA.
WIPO Performances and Phonograms Treaty. A 1996
treaty giving performers the rights ofattribution and
integrity in their performances, and giving produc
ers the rights of reproduction, distribution, rental, and
availability. -Abbr. WPPT.
wire fraud. See FRAUD.
wiretapping, n. (1904) Electronic or mechanical eaves
dropping, usu. done by law-enforcement officers under
court order, to listen to private conversations . Wire
tapping is regulated by federal and state law. -Often
shortened to tapping. See BUGGING; EAVESDROPPING.
Cf. PEN REGISTER. [Cases: Telecommunications C=
1434-1441,1460-1479.] -wiretap, vb. wiretap, n.
Wisby, laws of. See LAWS OF VISBY.
wish, vb. 1. To desire; to hope. 2. To will; to devise; to
give.
witan (wit-.m). [Anglo-Saxon "wise men"] Hist. The
members of the king's council who sat to assist the
king in administrative and judicial matters . Among
the members were ealdormen, bishops, abbots, high
officers, and occasionally the king's friends and rela
tives.
witchcraft. The practices ofa witch, esp. in black magic;
sorcery. Under the Witchcraft Act of 1541 (33 Hen.
8, ch. 8) and the Witchcraft Act of 1603 (l Jac. ch. 12),
witchcraft was a felony punishable by death without
benefit of clergy. The last execution in England for
witchcraft occurred in 1716" The Acts were repealed in
1736. In the United States, the most conspicuous (and
nearly the last) persecution for witchcraft occurred in
Salem, Massachusetts, where 19 people were hanged
for this offense in 1692.
wite (WIt). Hist. A penal fine exacted by the Crown or
other authority for a serious crime, such as murder.
Also spelled wyte.
witenagemot (wit-a-na-ga-moht). [Anglo-Saxon "a
meeting of the wise"] Hist. A national assembly of
noblemen, high ecclesiastics, and other great thanes of
England who advised and aided the king in the general
administration of the government . Its composition
depended on the will ofthe king. It passed out ofexis
tence with the Norman Conquest (1066). Although it
was a precursor to the British Parliament, that was a
separate growth -not a continuation of the witena
gemot. -Also spelled witenagemot; wittel1agemot;
witanagemote.
"[T]he ancient Anglo-Saxon general assembly of the
notables [was] called the Witenagemot .... At first the
power of the Anglo-Saxon Witenagemot appears to have
been considerable, and in fact so much so that the kings

1739 	 without objection
were dependent on appointment to that office by the Witan
in the early period before the royal succession became
hereditary. With the tenth century centralization of power
in the Alfredian line of kings, it appears that the power of
the Witan began to decline." Charles Herman Kinnane, A
First Book on AngloAmerican Law 262 (2d ed. 1952).
witepenny. Hist. In early English law, money paid in sat
isfaction ofa wite.
with all deliberate speed. See DELIBERATE SPEED, WITH
ALL.
with all faults. See AS IS.
withdraw, vb. 1. (vt.) To take back (something presented,
granted, enjoyed, possessed, or allowed) <withdraw
blame>. 2. (vt.) To retract (one's words) <withdraw
the objection>. 3. (vi.) To refrain from prosecuting or


retract (one's words) <withdraw
the objection>. 3. (vi.) To refrain from prosecuting or
proceeding with (an action) <withdraw the petition
for divorce>. 4. (vi.) (Of a lawyer) to terminate one's
representation of a client before a matter is complete
<withdraw from representation>. [Cases: Attorney and
Client 5. (vt.) To remove a juror <withdraw
a biased juror>. 6. (vi.) To leave or retire (from a com
munity or society). 7. (vi.) (Of a condition or immaterial
thing) to vanish, depart.
withdrawal, n. (I8c) 1. The act of taking back or away;
removal <withdrawal ofconsent>. 2. The act of retreat
ing from a place, position, or situation <withdrawal
from the moot-court competition>. 3. The removal
of money from a depository <withdrawal of funds
from the checking account>. 4. RENUNCIATION (3)
<withdrawal from the conspiracy to commit arson>.
5. RETRACTION (4). 6. Parliamentary law. A motion's
removal from consideration by its mover . The
mover controls a motion only until the chair states
the question, after which the motion belongs to the
assembly and the mover cannot withdraw it without
the assembly's permission. See request for permission
to withdraw a motion under REQUEST. 7. Parliamentary
law. See DISCHARGE (9). -withdraw, vb.
withdrawal ofcharges. (1842) The removal of charges by
the one bringing them, such as a prosecutor. See NOLLE
PROSEQUI. [Cases: Criminal Law ~303.5.1
withdrawal of counsel. (1875) An attorney's termina
tion ofhis or her role in representing a party in a case.
 Normally, the attorney must have the court's per
mission to withdraw from a case. Permission is usu.
sought by a written motion (I) explaining the reason
for the requested withdrawal (often, a conflict between
attorney and client over a matter such as strategy or
fees), and (2) stating whether the client agrees. -Also
termed Withdrawing ofcounsel. [Cases: Attorney and
Client
withdrawing a juror. (18c) The act or an instance of
removing a juror, usu. to obtain a continuance in a case
or, sometimes in English practice, to end the case, as
when the case has settled, the parties are too anxious to
proceed to verdict, or the judge recommends it because
the action is not properly before the court.
withdrawing of record. 1. With the court's permission,
taking the record or any portion ofit out of the office of the clerk ofthe court. 2. Hist. A plaintiff's removing
of the nisi prius or trial record to prevent the case from
being tried, usu. either before the jury is sworn or after
wards with the consent ofdefense counsel.
withdrawn land. 1. See reserved land under LAND. 2. See
RESERVATION (3).
withernam (with-;)r-nahm), n. [fro Saxon weder"other" +
naam u a taking"] Hist. A reciprocal taking or distress in
place of a previous one. See capias in withernam under
wrTHERNAM.
withersake (with-dr-sayk). Archaic. An enemy; esp., a
deliberately faithless renegade.
with full power. See committee with power under COM
MITTEE (1).
withheld sentence. See suspended sentence under
SENTENCE.
withholding, n. (1940) 1. The practice of deducting a
certain amount from a person's salary, wages, divi
dends, winnings, or other income, usu. for tax purposes;
esp., an employer's practice of taking out a portion of
an employee's gross earnings and paying that portion
to the government for income-tax and social-security
purposes. [Cases: Internal Revenue ~4849; Taxation
~3560.1 2. The money so deducted. -Also termed
income-tax withholding. withhold, vb.
withholding ofevidence. (1848) The act or an instance of
obstructing justice by stifling or suppressing evidence
knowing that it is being sought in an official investi
gation or a judicial proceeding. See OBSTRUCTION OF
JUSTICE. [Cases: Obstructing Justice ~5.]
withholding tax. See TAX.
without day. See GO HENCE WITHOUT DAY.
without delay. (Be) 1. Instantly; at once. 2. Within the
time reasonably allowed by law.
without dissent. See WITHOUT OBJECTION.
without impeachment ofwaste. (l6c) (Of a tenant) not
subject to an action for waste; not punishable for waste.
 This clause is inserted in a lease to give a tenant the
right to take certain actions (such as cutting timber)
without being held liable for waste. But a tenant cannot
abuse the right and will usu. be held liable for mali
ciously committing waste. Also termed absque impe
titione vasti. [Cases: l.andlord and Tenant ~55(2).J
without notice. (16c) Lacking actual or constructive
knowledge . To be a bona fide purchaser, one must
buy something "without notice" ofanother's claim to
the item or of defects in the seller's title. To be a holder
in due course, one must take a bill or note "without
notice" that it is overdue, has been dishonored, or is
subject to a claim. UCC  3-302(a)(2). See NOTICE;
bOfia fide purchaser under PURCHASER. [Cases: Bills
and Notes C=: 331, 336; Sales (~234(1), 473; Vendor
and Purchaser C=)220.]
without objection. With general consent. -	Also termed
without dissent. See general consent under CONSENT
(2).

1740 without prejudice
without prejudice, adv. (I5c) Without loss ofany rights;
in a way that does not harm or cancel the legal rights or
privileges ofa party <dismissed without prejudice>. See
dismissal without prejudice under DISMISSAL (1).
without recourse. (I8c) (In an indorsement) without lia
bility to subsequent holders. With this stipulation,
one who indorses an instrument indicates that he or
she has no further liability to any subsequent holder
for payment. -Also termed sans recours. [Cases: Bills
and Notes C=>293.)
without reserve. Ofor relating to an auction at which
an item will be sold for the highest bid price. [Cases:
Auctions and Auctioneers C~)7.)
without this, that. See ABSQUE HOC.
with power. See committee with power under COMMIT
TEE (1).
with prejudice, adv. With loss ofall rights; in a way that
finally disposes of a party's claim and bars any future
action on that claim <dismissed with prejudice>. See
dismissal with prejudice under DISMISSA L (1).
with recourse, adv. (In an indorsement) with liability to
subsequent holders . With this stipulation, one who
indorses an instrument indicates that he or she remains
liable to the holder for payment. [Cases: Bills and Notes
C=>280,286.]
with reserve. Of or relating to an auction at which an
item will not be sold unless the highest bid exceeds
a minimum price. [Cases: Auctions and Auctioneers
C=>7.]
with strong hand. With force. In common-law
pleading, this term implies a degree ofcriminal force,
esp. as used in forcible-entry statutes.
witness, n. (bef. 12c) 1. One who sees, knows, or vouches
for something <a witness to a testator's signature>. 2.
One who gives testimony under oath or affirmation (1)
in person, (2) by oral or written deposition, or (3) by
affidavit <the witness to the signature signed the affida
vit.>. A witness must be legally competent to testify.
[Cases: Witnesses witness, vb.
"The term 'witness,' in its strict legal sense, means one
who gives evidence in a cause before a court; and in its
general sense includes all persons from whose lips testi
mony is extracted to be used in any judicial proceeding,
and so includes deponents and affiants as well as persons
delivering oral testimony before a court or jury," 97 c.J.$.
Witnesses  1, at 350 (1957).
"Every witness is an editor: he tells you not everything he
saw and heard, for that would be impossible, but what he
saw and heard and found significant, and what he finds
significant depends on his preconceptions." Patrick Devlin,
The Criminal Prosecution in England 66 (1960).
accomplice witness. (1853) A witness who is an accom
plice in the crime that the defendant is charged with.
 A codefendant cannot be convicted solely on the
testimony ofan accomplice witness. [Cases: Criminal
Law (;.'='507-512.]
adverse witness. See hostile witness. alibi witness. (I897) A witness who testifies that the
defendant was in a location other than the scene of
the crime at the relevant time; a witness who supports
the defendant's alibi.
attesting witness. (18c) One who vouches for the
authenticity of another's signature by signing an
instrument that the other has signed <proof of the
will requires two attesting witnesses>. -Also termed
subscribing witness. [Cases: Evidence C=>374; Wills
character witness. (1893) A witness who testifies about
another person's character traits or community rep
utation. See character evidence under EVIDENCE.
[Cases: Witnesses C=>37(4), 274.]
competent witness. (17c) A witness who is legally
qualified to testify . A lay witness who has personal
knowledge ofthe subject matter of the testimony is
competent to testify. Fed. R. Evid. 601-602. [Cases:
Witnesses C=>35-79.]
corroborating witness. (1853) A witness who confirms
or supports someone else's testimony. [Cases: Wit
nesses C=>41O.]
court witness. A witness called or re-called to testify by
the judge. The witness called to testify by the court
usu. has expertise in the subject matter of the trial
and is considered necessary to resolve a conflict in the
testimony. The court's discretion to call its own wit
nesses exists in both civil and criminal cases. [Cases:
Witnesses C=>Z46(Z).J
credible witness. (l6c) A witness whose testimony is
believable.
disinterested witness. (18c) A witness who has no
private interest in the matter at issue. [Cases: Wit
nesses (>::)91.]
expert witness. (1858) A witness qualified by knowl
edge, skill, experience, training, or education to
provide a scientific, technical, or other specialized
opinion about the evidence or a fact issue. Fed. R.
Evid. 702-706. -Also termed skilled witness. See
EXPERT; DAUBERT TEST; expert opinion under OPINION
(3). [Cases: Criminal Law (>=-478-480; Evidence'C=>
535-546.]
going witness. Archaic. A witness who is about to
leave a court's jurisdiction, but not the country.
An example is the witness who leaves one state to go
to another.
grand-jury witness. (1947) A witness who is called to
testify before a grand jury. [Cases: Grand Jury
36.]
hostile witness. (1852) A witness who is biased against
the examining party, who is unwilling to testify, or
who is identified with an adverse party. A hostile
witness may be asked leading questions on direct
examination. Fed. R. Evid. 611(c). Also termed
adverse witness. See adverse party under PARTY (2).
[Cases: Witnesses C~244.1

1741
interested witness. (i8c) A witness who has a direct and
private interest in the matter at issue . Most juris
dictions provide that a person witnessing a will may
not be a devisee under the will. The Uniform Probate
Code, however, has abrogated this rule. lCases: Wit
nesses
lay witness. (1853) A witness who does not testify as
an expert and who is therefore restricted to giving an
opinion or making an inference that (1) is based on
firsthand knowledge, and (2) is helpful in clarifying
the testimony or in determining facts. Fed. R. Evid.
701. Criminal Law ~448-467;
470-503.J
material witness. (I7c) A witness who can testify about
matters haVing some logical connection with the con
sequential facts, esp. iffew others, ifany, know about
those matters. [Cases: Witnesses ~4.1
percipient witness. (1913) A witness who has perceived
the things about which he or she testifies. See EYEWIT
NESS; EARWITNESS.
prosecuting witness. (1823) A person who files the com
plaint that triggers a criminal prosecution and whose
testimony the prosecution usu. relies on to secure a
conviction. [Cases: Criminal Law
qualified witness. (1845) A witness who, by explaining
the manner in which a business records are made and
kept, is able to lay the foundation for the admission of
those records under an exception to the hearsay rule.
Fed. R. Evid. 803(6). [Cases: Criminal Law C:)444.9;
Evidence ~373.1
rebuttal witness. (1891) A witness who contradicts
or attempts to contradict evidence previously pre
sented.
res gestae witness. (1894) A witness who, having been at
the scene of an incident, can give a firsthand account
ofwhat happened. See RES GESTAE. [Cases: Criminal
Law ~363; Evidence <::= 120.]


RES GESTAE. [Cases: Criminal
Law ~363; Evidence <::= 120.]
skilled witness. 1. See expert witness. 2. A witness
whose degree ofknowledge in a particular subject or
field is short of the standard for an expert but greater
than the knowledge possessed by a typical layperson.
[Cases: Criminal Law~452, 478; Evidence ~474,
536.]
subscribing witness. (l7c) One who witnesses the sig
natures on an instrument and signs at the end of the
instrument to that effect. See attesting witness. [Cases:
Evidence Wills 123.]
supernumerary witness. An unrequired witness,
such as a third witness to a will where only two are
required. [Cases: Wills ~712.1
swift witness. See zealous witness.
target witness. (1965) 1. The person who has the knowl
edge that an investigating body seeks. [Cases: Grand
2. A witness who is called before a grand
jury and against whom the government is also seeking
an indictment. witness-tampering
turncoat witness. (1947) A witness whose testimony
was expected to be favorable but who becomes (usu.
during the trial) a hostile witness.
ultroneous witness. Scots law. A witness who comes
forward without being summoned to appear in
court.
zealous witness (zel-;:Is). (1868) A witness who shows
partiality toward the litigant that called him or her
to testify and who seems eager to help that side in the
lawsuit. -Also termed swift witness.
witness box. See WITNESS STAND.
witness clause. See TESTIMONIUM CLAUSE.
witnesseth, vb. Shows; records . This term, usu. set in
all capitals, commonly separates the preliminaries in a
contract, up through the recitals, from the contractual
terms themselves. Modern drafters increasingly avoid it
as an antiquated relic. Traditionally, the subject of this
verb was This Agreement: the sentence, boiled down,
was This Agreement witnesseth [i.e., shows or recordsJ
that, whereas [the parties have agreed to contract with
one another], the parties therefore agree as follows . ...
Many modern contracts erroneously retain the Witnes
seth even though a new verb appears in the preamble:
This Agreement is between lone party and the other
party]. After the preamble is a period, followed by an
all-capped WITNESSETH. It is an example of a form
retained long after its utility, and most lawyers do
not know what it means or even what purpose it once
served.
witness fee. See FEE (1).
witnessing part. 1. See ATTESTATION CLAUSE. 2. See
TESTATUM (2).
witness jurat. See JURAT.
witness-protection program. (1970) A federal or state
program in which a person who testifies against a
criminal is aSSigned a new identity and relocated
to another part of the country to avoid retaliation
by anyone convicted as a result of that testimony .
The Federal Witness Protection Program was estab
lished by the Organized Crime Control Act of 1970
and is administered by the marshals ofthe u.s. Justice
Department.
witness stand. (1853) The space in a courtroom, usu. a
boxed area, occupied by a witness while testifying.
Often shortened to stand. -Also termed witness box.
[Cases: Witnesses ~228.1
witness-tampering. (1924) The act or an instance of
obstructing justice by intimidating, influencing, or
harassing a witness before or after the witness testi
fies. Several state and federal laws, including the
Victim and Witness Protection Act of 1982 (18 USCA
 1512), proVide criminal penalties for tampering with
witnesses or other persons in the context ofa pending
investigation or official proceeding. See OBSTRUCTION
OF JUSTICE. [Cases: Obstructing Justice

witword (wit-ward). Hist. 1. A legally allowed claim; esp.,
the right to vindicate ownership or possession by one's
affirmation under oath. 2. A will or testament.
W.L. abbr. WESTLAW.
wobbler. Slang. A crime that can be charged as either a
felony or a misdemeanor. [Cases: Criminal Law C=:>
27.]
wolf's head. Hist. An outlaw, who was formerly often
referred to as carrying a wolf's head (caput lupinum)
and to be no more than a wild beast or wolf who could
be slain and whose head could be carried to the king.
Also termed woolferthfod. See OUTLAW.
"Outlawry is the last weapon of ancient law, but one that
it must often use. As has been well said, it is the sentence
of death pronounced by a community which has no police
constables or professional hangmen. To pursue the outlaw
and knock him on the head as though he were a wild beast
is the right and duty of every law-abiding man. 'Let him
bear the wolf's head:' this phrase is in use even in the thir
teenth century." 1 Frederick Pollock & Frederic W. Maitland,
The History ofEnglish Law Before the Time ofEdward 1476
(2d ed. 1898).
Women's Bureau. A unit in the U.S. Department ofLabor
responsible for formulating policies and standards to
promote the welfare ofwage-earning women.
women's shelter. See SHELTER.
Women's Suffrage Amendment. See NINETEENTH
AMENDMENT.
wood-corn, n. Hist. A quantity of oats or grain paid by
customary tenants to a lord for the privilege ofpicking
up dead or broken wood.
wood-geld (wuud-geld). Hist. 1. Money paid for the
privilege of taking wood from a forest. 2. Immunity
from paying money for this privilege. -Also termed
pudzeld.
wood-leave. Hist. A license or right to cut down, remove,
and use standing timber.
wood-mote (wuud-moht). See COURT OF ATTACH
MENTS.
Wood-Plea Court. Hist. A court held twice a year in
Clun Forest, in Shropshire, to determine matters of
wood and agistments.
woodshedding. See HORSESHEDDING.
woodward (wuud-word), n. Hist. A forest officer who
patrols and protects the forest. [Cases: Woods and
Forests C=:>7.]
woolferthfod. See WOLF'S HEAD.
w.o.p. abbr. WANT OF PROSECUTION.
word of art. See TERM OF ART.
words actionable in themselves. (I8c) Language that is
libelous or slanderous per se. See slander per se under
SLANDER; libel per se under LIBEL. [Cases: Libel and
Slander C=:>33.]
words of limitation. (16c) Language in a conveying
instrument -often non literal language -describing
the extent or quality ofan estate . For example, under
long-standing principles of property law, the phrase "to A and her heirs" creates a fee simple in A but gives
nothing to!\s heirs. See LIMITATION (4). [Cases: Deeds
C=:> 120-136; Wills C=:>591, 597(4).]
'''Words of limitation' is the phrase used to describe the
words which limit (i.e., delimit or mark out) the estate to
be taken. Thus in a conveyance today 'to A in fee simple,'
the words 'in fee simple' are words of limitation, for they
show what estate A is to have." Robert E. Megarry & M.P.
Thompson, A Manual of the Law of Real Property 29 (6th
ed. 1993).
words of negotiability. See NEGOTIABLE WORDS.
words of procreation (proh-kree-ay-shan). 08c)
Language in a deed essential to create an estate tail,
such as an estate "to A and the heirs of his body. [Cases:
Deeds C=:> 127.]
words ofpurchase. (I7c) Language in a deed or will des
ignating the persons who are to receive the grant.  For
example, the phrase "to A for life with a remainder to
her heirs" creates a life estate in A and a remainder
in !\s heirs. See PURCHASE (2). [Cases: Deeds C=:> 105,
120-136; Wills C=:>597(4).]
words ofseverance. In a grant of lands, words showing
that the tenants were each to take a distinct share in the
property as opposed to undivided portions . Typical
words of severance are share and share alike, to be
divided among, equally, and between. [Cases: Deeds
C=:> 123, 136.]
work, n. 1. Physical and mental exertion to attain an end,
esp. as controlled by and for the benefit ofan employer;
labor.
additional work. 1. Work that results from a change or
alteration in plans concerning the work required, usu.
under a construction contract; added work neces
sary to meet the performance goals under a contract.
[Cases: Contracts C=:>232(1).] 2. See extra work.
extra work. In construction law, work not required
under the contract; something done or furnished in
addition to the contract's requirements; work entirely
outside and independent of the contract and not
contemplated by it.  A contractor is usu. entitled to
charge for extra work consisting oflabor and materials
not contemplated by or subsumed within the original
contract, at least to the extent that the property owner
agrees to a change order. Materials and labor not con
templated by the contract, but that are required by
later changes in the plans and specifications, are con
sidered to be extra work. -Also termed additional
work. [Cases: Contracts C=:>232(1).]
heavy work. Work involving frequent lifting and
carrying oflarge items . Under the Social Security
Administration regulations for describing a worker's
physical limitations, heavy work involves lifting
no more than 100 pounds, with frequent lifting or
carrying ofobjects weighing up to 50 pounds. 20 CFR
 404. [Cases: Social Security and Public Welfare C=:>
140.40,143.70-143.80.]
inherently dangerous work. Work that can be carried
out only by the exercise of special skill and care and
that involves a grave risk of serious harm if done

1743 work
unskillfully or carelessly. [Cases: Labor and Employ
ment ~2872.]
light work. Work involving some limited lifting and
moving. Under the Social Security Administration
regulations for describing a worker's physicallimita
tions, light work includes walking, standing, sitting
while pushing or pulling arm or leg controls, and
lifting no more than 20 pounds, with frequent lifting
or carrying ofobjects that weigh up to 10 pounds. 20
CFR  404. [Cases: Social Securitv and Public Welfare
~140.40,143.85.] I
medium work. Work involving some frequent lifting
and moving. _ Under the Social Security Adminis
tration regulations for describing a worker's physical
limitations, medium work includes lifting up to 50
pounds, with frequent lifting or carrying of objects
weighing up to 25 pounds. 20 CFR  404. [Cases:
Social Security and Public Welfare 140.40,
143.70-143.80.]
sedentary work. Work involving light lifting and only
occasional walking or standing . Under the Social
Security Administration regulations for describ
ing a worker's physical limitations, sedentary work
involves lifting of no more than ten pounds: occa
sionally carrying small items such as docket files and
small tools, and occasional standing or walking. 20
CFR  404. [Cases: Social Security and Public Welfare
(;:::,140.40, 143.85.] .
semi-skilled work. Work that may require some alert
ness and close attention, such as inspecting items or
machinery for irregularities, or guarding property or
people against loss or injury. 20 CFR  404.lS68(b).
Also written semiskilled work. [Cases: Social Security
and Public Welfare (~140.40, 143.70-143.85.]
skilled work. Work requiring the worker to use
judgment, deal with the public, analyze facts and
figures, or work with abstract ideas at a high level of
complexity. 20 CFR  404. [Cases: Social Security and
Public Welfare (;=140.40,143.70-143.85.]
unskilled work. Work requiring little or no judgment,
and involVing simple tasks that can be learned quickly
on the job. 20 CFR  404. [Cases: Social Security and
Public Welfare 140.40,143.70-143.85.]
very heavy work. Work involving frequent lifting of
very large objects and frequent carrying of large
objects. Under the Social Security Administration
regulations for describing a worker's physicallimita
tions, very heavy work involves lifting 100 pounds
or more, and frequent lifting or carrying of objects
weighing 50 pounds or more. 20 CFR  404.1567(e).
[Cases: Social Security and Public Welfare ~140.40,
143.70-143.80.]
work ofnecessity. Work reasonably essential to the
public's economic, social, or moral welfare as deter
mined by the community standards at a particular
time, and (formerly) excepted from the operation of
blue laws. See BLUE LAW. [Cases: Sunday~7.] 2. Copyright. An original expression, in fixed or
tangible form (such as paper, audiotape, or computer
disk), that may be entitled to common-law or statutory
copyright protection. - A work may take many differ
ent forms, including art, sculpt


may be entitled to common-law or statutory
copyright protection. - A work may take many differ
ent forms, including art, sculpture, literature, music,
crafts, software, and photography. [Cases: Copyrights
and Intellectual Property ~3.]
anonymous work. A work that, on copies or phono
records, does not identify any natural person as the
author. 17 USCA  101.
architectural work. The copyrightable design of a
building, as fixed in tangible media such as plans,
draWings, and the building itself. 17 USCA  102(8).
-Only the overall design is protected, not each design
element. This category of works was added to U.S.
law by the Berne Convention Implementation Act of
1988. It is one of eight categories eligible for copy
right protection. [Cases: Copyrights and Intellectual
Property C='6.]
artistic work. Any visual representation, such as a
painting, drawing, map, photograph, sculpture,
engraving, or architectural plan. [Cases: Copyrights
and Intellectual Property ~6.]
audiovisual work. A work consisting ofrelated images
that are presented in a series, usu. with the aid of a
machine, and accompanied by sound. -An example
of an audiovisual work is a lecture illustrated with
a film strip, or a movie with a soundtrack. [Cases:
Copyrights and Intellectual Property ~10.1.]
collective work. (1870) 1. A publication (such as a peri
odical issue, anthology, or encyclopedia) in which
several contributions, constituting separate and inde
pendent works in themselves, are assembled into a
copyrightable whole. [Cases: Copyrights and Intellec
tual Property ~41(3).] 2. A selection and arrange
ment ofbrief portions ofdifferent movies, television
shows, or radio shows into a Single copyrightable
work. Ifthe selecting and arranging involves any
originality, the person who selects and arranges the
clips may claim a copyright even ifcopyright cannot
be claimed in the individual component parts. Cf.
COMPILATION (1). [Cases: Copyrights and Intellectual
Property C--=> 12(3).]
"If a work is not joint and not derivative but nevertheless
consists of works of authorship created by more than one
person, it is a compilation of some sort except for the
possibility that it is a work for hire.... If the component
parts have an independent identity, that is, they are works
of authorship, then the compilation is a collective work, a
type of compilation." Arthur R. Miller & Michael H. Davis,
Intellectual Property in a Nutshell 374 (2d ed. 1990).
composite work (kdm-poz-it). (1910) An original publi
cation that relates to a variety ofsubjects and includes
discrete selections from many authors. _ Although
the distinguishable parts are separately protectable,
the owner ofthe composite work -not the individual
authors -owns the renewal term, if any. 17 USCA
 304(a). [Cases: Copyrights and Intellectual Property
~38.] ,
creative work. See work ofauthorship.

derivative work. (1965) A copyrightable creation that is
based on a preexisting product; a translation, musical
arrangement, fictionalization, motion-picture version,
abridgment, or any other recast or adapted form of
an original work. -Only the holder ofthe copyright
on the original form can produce or permit someone
else to produce a derivative work. 17 USCA  IOI.
Sometimes shortened to derivative. Cf. COMPILATION
(1). [Cases; Copyrights and Intellectual Property
12(3).]
"[Wlhile a compilation consists merely of the selection and
arrangement of pre-existing material without any internal
changes in such material, a derivative work involves recast
ing or transformation, i.e., changes in the preexisting
material, whether or not it is juxtaposed in an arrangement
with other pre-existing materials. A catalog constitutes
a compilation, and a translation of a pre-existing work
constitutes a derivative work." 1 Melville B. Nimmer &
David Nimmer, Nimmer on Copyright  3.02, at 3-5 (Supp.
1997).
dramatic work. Any form ofnonliterary work created
for performance and viewing. -The term includes
plays, scripts, films, choreographic works, and
similar creations. [Cases: Copyrights and Intellec
tual Property C::c7.]
joint work. A work created or developed by two or
more people whose contributions blend insepara
bly or interdependently into the whole work . The
cocreators have equal legal rights to register and enjoy
the copyright, but this does not affect any other con
tractually unequal ownership arrangements. [Cases:
Copyrights and Intellectual Property <::=41(3).J
literary work. (I8c) A nonaudiovisual work that is
expressed in verbal, numerical, or other symbols,
such as words or musical notation, and embodied in
some type of physical object. -Literary works are
one of eight general categories that are eligible for
copyright protection. 17 USCA  102_ Cf. LITERARY
COMPOSITION. [Cases: Copyrights and Intellectual
Property (>5.]
"Copyright protection extends to literary works which are
defined as works, other than audiovisual works, expressed
in words, numbers, or other verbal or numerical symbols
or indicia, regardless of the nature of the material objects,
such as books, periodicals, manuscripts, phonorecords,
film, tapes, disks, or cards in which they are embodied.
The term 'literary work' does not connote any criterion of
literary merit or qualitative value and includes catalogs
and directories; similar factual, reference or instructional
works; compilations of data; computer data bases, and
computer programs." 18 Am, Jur. 2d Copyright and Literary
Property  25, at 360 (1985).
pictorial, graphic, and sculptural work. Two-or three
dimensional works ofgraphic, fine, or applied art that
are eligible for copyright protection. -This is one of
eight general classifications covered by copyright law.
Examples include globes, architectural draWings,
photographs, and models. 17 USCA  102. Abbr.
PGS. [Cases: Copyrights and Intellectual Property
(>6.]
posthumous work. The product ofan author who died
before publication. [Cases: Copyrights and Intellec
tual Property (>33.] pseudonymous work. A work done by an author who
uses a fictitious name.
work for hire. A copyrightable work produced either
by an employee within the scope of employment or
by an independent contractor under a written agree
ment; esp., a work specially ordered or commissioned
for use as (1) a contribution to a collective work, (2) a
translation, (3) a supplementary work, (4) a part ofa
movie or other audiovisual work, (5) a compilation,
(6) an instructional text, (7) a test, (8) answer material
for a test, or (9) an atlas. Ifthe work is produced
by an independent contractor, the parties must agree
expressly in writing that the work will be a work for
hire. The employer or commissioning party owns the
copyright. 17 USCA  101. Also termed work made
for hire. [Cases: Copyrights and Intellectual Property
G--:;'41(2).]
work ofauthorship. The product ofcreative expression,
such as literature, music, art, and graphic designs.
Copyright protects a work of authorship if it meets
three criteria. First, the work must be original, not a
copy. Second, the work must be presented in a fixed
medium, such as a computer disk, a canvas, or paper.
Finally, some creativity must have been involved in
the work's creation, although the amount of creativ
ity required depends on the particular work. -Also
termed creative work. [Cases: Copyrights and Intel
lectual Property
work ofthe United States government. A work created
by a U.S. government officer or employee in the course
of performing official duties. -By statute, federal
government works may not be copyrighted. [Cases:
Copyrights and Intellectual Property (>10.3.]
work, vb. L To exert effort; to perform, either phYSically
or mentally <lawyers work long hours during trial>.
2. To function properly; to produce a desired effect
<the strategy worked>. 3. Patents. To develop and use
(a patented invention, esp. to make it commercially
available) <the patentee failed to work the patent>.
Failure to work a patent in a specified amount of time
is grounds for a compulsory license in some countries.
[Cases: Patents C=> 191.)
"A patentee has the exclusive right to make, use, or sell the
invention. 35 U.S.CA.  154. The right includes the right
to refrain from making, using, or selling the invention, In
many foreign countries, the inventor is obliged to 'work'
the patent and if he does not do so, he can be required to
grant a compulsory license to others who wish to exploit
the invention. But an American patentee is under no such
duty. although there are antitrust implications involved
in the failure to work a patent." Arthur R. Miller & Michael
H, Davis, Intellectual Property in a Nutshell 128-29 (2d ed.
1990).
work and labor. Hist. A common count in an action of
assumpsit for the work and labor performed and mate
rials furnished by the plaintiff. See ASSUMPSIT. [Cases:
Assumpsit, Action ofC::c5.J
worker. L One who labors to attain an end; esp., a person
employed to do work for another. 2. A person who offers
to perform services for compensation in the employ of

1745
another, whether or not the person is so employed at
a given time.
Worker Adjustment and Retraining Notification Act.
A federal law that requires an employer to provide
notice of a plant closing or mass layoff, 60 days before
the closing or layoff, to the employees, the state-dis
located-workers unit, and the chief elected official of
the unit oflocal government where the plant closing
or layoff is to occur. 29 USCA  2101-2109. Abbr.
WARN. [Cases: Labor and Employment C=>3202.]
workers' compensation. A system of providing benefits
to an employee for injuries occurring in the scope of
employment . Most workers'-compensation statutes
both hold the employer strictly liable and bar the
employee from suing the employer in tort. -Abbr. we. -Also termed workmen's compensation; employ
ers'liability. [Cases: Workers' Compensation C=> Il.]
"Workers' compensation laws were designed to provide
employees with expansive protection against the conse
quences of employment-related injuries, Injured workers
no longer had to establish negligence attributable to their
employer in order to obtain legal redress. They merely
had to demonstrate that their conditions arose out of and
during the course of their employment," Mark A. Rothstein
et aI., Employment Law  7.3, at 406 (1994),
workers' -compensation act. A statute by which employ
ers are made responSible for bodily harm to their
workers arising out of and in the course of their employ
ment, regardless of the fault of either the employee or
the employer. [Cases: Workers' Compensation C=> 1,
6.]
workers' -compensation board. An agency that reviews
cases arising under workers' -compensation statutes and
administers the related rules and regulations. -Also
termed workers'-compensation commission. [Cases:
Workers' Compensation C=> 1076-1096.10.]
"Workers' compensation boards. , . are tribunals .. , of
limited and special jurisdiction and have only such author
ity and power as have been conferred upon them by
express grant, or by implication as necessary and inciden
tal to the full exercise of their authority. The functions of
such agencies may include the settlement of disputes with
respect to the right to and the amount of compensation,
the supervision of voluntary settlements or agreements,
the collection and administration of compensation funds,
and the supervision and regulation of matters pertaining
to compensation insurance," 82 Am.Jur. 2d Workers' Com
pensation  56, at 65 (1992).
workers' -compensation lien. See LIEN.
workers' -compensation subrogation lien. See workers'
compensation lien under LIEN.
workfare. (1969) A system of requiring a person receiv
ing a public-welfare benefit to earn that benefit by per
forming a job proVided by a government agency or
undergOing job training. [Cases: Social Security and
Public Welfare C=>4.15.j
work for hire. See WORK (2).
work furlough (f<lr-Ioh). (1960) A prison-treatment
program allowing an inmate to be released during the
day to work in the community. See WORK-RELEASE
PROGRAM. [Cases: Prisons C='174.] workplace
work-furlough program. See WORK-RELEASE PROGRAM.
workhouse. (l7c) A jail for criminals who have com
mitted minor offenses and are serving short sentences.
[Cases: Prisons (;;:::)213.]
working capital. See CAPITAL.
working capital acceptance. Seefinance bill under BILL
(6).
working control. See CONTROL.
working example. See EXAMPLE.
working interest. Oil & gas. The rights to the mineral
interest granted by an oil-and-gas lease, so called
because the lessee acquires the right to work on the
leased property to search, develop, and produce oil
and gas, as well as the obligation to pay all costs. See
ROYALTY (2). -Also termed leasehold interest; operat
ing interest. [Cases: Mines and Minerals C=>73.1(2).J
working model. Patents. A sample ofan invention, usu.
built for testing and for displaying to potential buyers.
 The building of a working model is called "actual
reduction to practice." It is not required for a patent,
but it can help the applicant to clarify the description
and to establish a date of invention in the event of an
interference. [Cases: Patents C=>9


clarify the description
and to establish a date of invention in the event of an
interference. [Cases: Patents C=>90(6).]
working papers. 1. WORK PERMIT; esp., an employment
certificate or permit required of an employer in some
states before a minor may be hired. 2. Accounting. The
records kept by an independent auditor of the proce
dures followed, tests performed, information obtained,
and conclusions reached in an audit. A reviewer
may evaluate the quality of an audit by examining the
working papers.
work-in-process. A product being manufactured or
assembled but not yet completed. -Abbr. WIP. -Also
termed work-in-progress.
work made for hire. See work for hire under WORK (2).
workmen's compensation. See WORKERS' COMPENSA
TION.
work ofauthorship. See WORK (2).
work of necessity. See WORK (1).
work of the United States government. See WORK (2).
workout, n. 1. The act of restructuring or refinancing
overdue loans. 2. Bankruptcy. A debtor's agreement,
usu. negotiated with a creditor or creditors out ofcourt,
to reduce or discharge the debt. work out, vb.
work permit. An alien's documentary work authoriza
tion from the Immigration and Naturalization Service.
 Under the Immigration Reform and Control Act of
1986, it is illegal for an employer to hire an alien who
lacks a work permit. 8 USCA  1324(a)(1). Also
termed working papers.
workpiece. Patents. The embodiment of an invention,
usu. a device, as the patent claims describe how to make
and use it. [Cases: Patents C=> 165(4).]
workplace. A person's place of employment or work
setting in general. See SAFE WORKPLACE.

1746 work product
work product. (1947) Tangible material or its intangible
equivalent in unwritten or oral form that was
either prepared by or for a lawyer or prepared for liti
gation, either planned or in progress. -Work product
is generally exempt from discovery or other com
pelled disclosure. The term is also used to describe the
products ofa party's investigation or communications
concerning the subject matter of a lawsuit if made (1)
to assist in the prosecution or defense ofa pending suit,
or (2) in reasonable anticipation of litigation. Fed. R.
Evid.26. Also termed attorney work product. [Cases:
Criminal Law~627.5(6); Federal Civil Procedure
1604; Pretrial Procedure ~35,358.]
core work product. See opinion work product.
fact work product. A lawyer's tangible work product
that includes facts but not the lawyer's mental impres
sions. _ Fact work product is subject to a qualified
privilege. It is not discoverable unless the party
seeking discovery can show (1) a substantial need for
the materials and (2) an inability to acquire the infor
mation by any other means without undue hardship.
See Fed. R. Evid. 26(b)(3). -Also termed ordinary
work product. [Cases: Criminal Law ~~627.5(6);
Federal Civil Procedure 1604; Pretrial Proce
dure 358.]
opinion work product. A lawyer's opinions, mental
impressions, conclusions, and legal theories arising
from a client's case. -An adversary usu. cannot
gain access to this work product despite showing
substantial need and undue hardship. Fed. R. Evid.
26(b)(3). -Also termed core work product. [Cases:
Criminal Law ~627.5(6); Federal Civil Procedure
~1604; Pretrial Procedure 358.]
ordinary work product. Seefact work product.
work-product rule. (1954) The rule providing for quali
fied immunity ofan attorney's work product from dis
covery or other compelled disclosure. Fed. R. Civ. P.
26(b)(3). _ The exemption was primarily established
to protect an attorney's litigation strategy. Hickman v.
Taylor, 329 U.S. 495, 67 S.Ct. 385 (1947). Also termed
work-product immunity; work-product privilege; work
product exemption; attorney-work-product privilege.
[Cases: Criminal Law~627.5(6); Federal Civil Pro
cedure (,':::> 1604; Pretrial Procedure
"Although the work-product rule has often been spoken of
as creating a 'privilege,' it is a qualified one that does not
grant full immunity from discovery. To the extent the term
'privilege' causes confusion between the work-product rule
and the absolute privilege for confidential communica
tions between attorney and client, it is important to keep
in mind this distinction.... Rule 26(b)(3) provides that
work-product material is subject to discovery 'only upon a
showing that the party seeking discovery has substantial
need of the materials in the preparation of the party's case
and that the party is unable without undue hardship to
obtain the substantial equivalent of the materials by other
means.'" 8 Charles Alan Wright et aI., Federal Practice and
Procedure  2025, at 371, 373-74 (2d ed. 1994).
work-release program. (1964) A correctional program
allOWing a prison inmate -primarily one being readied
for discharge - to hold a job outside prison. Also termed work-furlough program. See HALFWAY HOUSE.
[Cases: Prisons ~174.]
works. 1. A mill, factory, or other establishment for
manufacturing or other industrial purposes; a manu
facturing plant; a factory. 2. Any building or structure
on land. _ Some states also include structures built in
the sea, such as offshore-drilling platforms.
new works. Civil law. A structure newly commenced
on a particular estate. - A denunciation of new
works is a remedy allowed for an adjacent landowner
whose property will be injured ifthe structure is com
pleted.
public works. Structures (such as roads or dams) built
by the government for public use and paid for by
public funds. [Cases: States ~83.]
work stoppage. A cessation ofwork; STRIKE.
world. 1. The planet Earth <the world has limited natural
resources>. 2. All the Earth's inhabitants; the public
generally <the world will benefit from this discovery>.
3. All persons who have a claim or acquire an interest
in a particular subject matter <a judgment in rem binds
all the world>.
World Bank. A U.N. specialized agency established in
1945 to prOVide loans that aid in economic develop
ment, through economically sustainable enterprises.
-Its capital derives from both U.N. member states and
loans on the open market. Also termed International
Bankfor Reconstruction and Development. [Cases:
International Law ~10.45(2).]
World Court. See INTERNATIONAL COURT OF JUSTICE.
world fund. See globalfund under MUTUAL FUND.
World Intellectual Property Organization. An agency
of the United Nations Educational, Scientific, and
Cultural Organization formed in 1967 to (1) promote
intellectual-property protection worldwide through
cooperation among nations, and (2) administer mul
tilateral treaties dealing with legal and administrative
aspects of intellectual property. -The organization's
headquarters are in Geneva, Switzerland. Abbr.
WIPO.
worldly, adj. Of or relating to the present state of exis
tence; temporal; earthly <worldly possessions>. See
SECULAR.
World Trade Organization. The body charged with
enforcing intellectual-property provisions of the
GATT treaty. _ WTO comprises the signatories ofthe
Uruguay Round of GATT negotiations. Abbr. WTO.
See TRIPS.
worldwide military-locator service. A search service
that locates the current duty station of a member ofany
branch of the United States military services, esp. for
enforcing the service member's child-support obliga
tions. _ Each branch of the armed forces maintains a
worldwide locator service that is available to military
and nonmilitary persons, their counsel, and Title
IV-D agencies. Use of the locator service requires the
member's full name and social-security number.

1747
worship. 1. Any form of religious devotion, ritual, or
service showing reverence, esp. for a divine being or
supernatural power <freedom of worship>. [Cases:
Religious Societies (;= 1.]
public worship, 1. Worship conducted by a religious
society according to the society's system ofecclesias
tical authority, ritual propriety, and rules and regula
tions. 2. Worship under public authority. 3. Worship
in a public place, without privacy or concealment.
4. Worship allowed by all members of the public
equally.
2. English law. A title of honor or dignity used in
addreSSing certain magistrates or other high officers.
 The title is always preceded by a possessive pronoun,
usu. your <your worship>.
wort (wdrt), n. Archaic. A country farm; a curtilage.
Also termed worth.
worth, n. (bef. 12c) 1. The monetary value of a thing; the
sum of the qualities that render a thing valuable and
useful, expressed in the current medium of exchange.
2. The emotional or sentimental value ofsomething. 3.
The total wealth held by a person or entity.
net tangible worth. A corporation's net physical value,
calculated by subtracting the liabilities from the value
ofthe tangible assets then dividing by the number of
outstanding shares.
net worth. A measure of one's wealth, usu. calculated
as the excess of total assets over total liabilities.
Also termed net assets. [Cases: Internal Revenue
4530.]
tangible worth. The amount ofwealth held in the form
of physical, valuable assets, such as cash and equip
ment.
4. WORT.
worthier-title doctrine. (I935) 1. Hist. The common-law
doctrine that ifa beneficiary ofa will would receive an
identical interest as an heir under the laws ofintestacy,
the person takes the interest as an heir rather than as a
beneficiary. The doctrine has been abolished in most
states. [Cases: Wills C=713.] 2. Property. The doctrine
that favors a grantor's intent by construing a grant as
a reversion in the grantor instead of as a remainder in
the grantor's heirs. -Also termed doctrine ofworthier
title. See REMAINDER; REVERSION.
worthiest of blood, n. lIist. Of or relating to males,
because of the preference given them in the laws of
descent. See PRIMOGENITURE.
"Thus sons shall be admitted before daughters; or, as
our male lawgivers have somewhat uncomplaisantly
expressed it, the worthiest blood shall be preferred. As if
John Stiles hath two sons, Matthew and Gilbert, and two
daughters, Margaret and Charlotte, and dies; first Matthew,
and (in case of his death without issue) then Gilbert shall
be admitted to the succession in preference to both the
daughters: 2 William Blackstone, Commentaries on the
Laws ofEngland 213 (1766).
worthless, adj. Totally lacking worth; of no use or
value. writ
worthless check. See bad check under CHECK.
worthless person. Archaic. A person who owns
nothing.
worthless security. See SECURITY.
worthy, adj. Having worth; possessing merit; valuable.
wounded feelings. (i8c) Injuries resulting from insults,
indignity, or humiliation, as distinguished from the
usual mental pain and suffering consequent to physical
injury. [Cases: Damages (;=;57.11,57.17,57.24.]
wounding. (I4c) 1. An injury, esp. one involVing a
rupture ofthe skin. 2. An injury to feelings or reputa
tion. 3. Hist. A n aggravated type ofassault and battery
in which one person seriously injures another.
wrap account. See ACCOUNT.
wraparound mortgage. See MORTGAGE.
wrap-fee account. See wrap account under ACCOUNT.
wreck, n. 1. SHIPWRECK. 2. Goods cast ashore from a
wrecked vessel and not claimed by the owner within a
specified period (such as one year).
wreckfree, adj. (Of a port, etc.) exempt from the forfei
ture of shipwrecked goods and vessels to the Crown.
writ (rit). (bef. 12c) A court's written order, in the name
ofa state or other competent legal authority, command
ing the addressee to do or refrain from doing some
specified act. [Cases: Injunction (;=202.]
"[W]rits have a long history. We can trace their formal
origin to the Anglo-Saxon formulae by which the king
used to communicate his pleasure to persons and courts.
The Anglo-Norman writs, which we meet with after the
Conquest, are substantially the Anglo-Saxon writs turned
into Latin. But what is new is the much greater use made
of them, owing to the increase of royal power which came
with the Conquest." W.S. Holdsworth, Sources and Litera
ture ofEnglish Law 20 (1925).
alias writ. (18c) An additional writ issued after another
writ ofthe same kind in the same case . It derives its
name from a Latin phrase that formerly appeared in
alias writs: sicut alias praecipimus, meaning "as we at
another time commanded." Cf. alias execution under
EXECUTION. [Cases: Process C=45.]
alternative writ. (1827) A common-law writ com
manding the person against whom it is issued either
to do a specific thing or to show cause why the court
should not order it to be done. [Cases: Mandamus
C=158.]
close writ. Hist. 1. A royal writ sealed because the
contents were not deemed appropriate for public
inspection. Cf. patent writ; CLAliSE ROLLS. 2. A writ
directed to a sheriff instead of to a lord.
concurrent writ. A duplicate of an original writ (esp.
a summons), issued either at the same time as the
original writ


concurrent writ. A duplicate of an original writ (esp.
a summons), issued either at the same time as the
original writ or at any time while the original writ
is valid.
counterpart writ. (1841) A copy of an original writ, to
be sent to a court in another county where the defen
dant is located.

1748 writ de haeretico comburendo
extraordinary writ. (17c) A writ issued by a court exer
cising unusual or discretionary power . Examples
are certiorari, habeas corpus, mandamus, and prohi
bition. Also termed prerogative writ. Cf. extraordi
nary relief under RELIEF. [Cases: Courts <::----=>207.]
ground writ. Hist. A writ issued in a county having
venue of an action in order to allow a writ of capias
ad satisfaciendum or offieri faCias to be executed
in a county where the defendant or the defendant's
property was found . These two writs could not be
executed in a county other than the county having
venue of the action until a ground writ and then a
testatum writ were first issued. This requirement was
abolished in 1852. Cf. TESTATUM.
judicial writ. (l6c) 1. A writ issuing from the court to
which the original writ was returnable; a writ issued
under the private seal ofthe court and not under the
great seal of England. Cf. original writ. 2. Any writ
issued by a court.
junior writ. (1839) A writ issued at a later time than a
similar writ, such as a later writ issued by a different
party or a later writ on a different claim against the
same defendant.
optional writ. (I8c) At common law, an original writ
issued when the plaintiff seeks specific damages, such
as payment ofa liquidated debt.  The writ commands
the defendant either to do a specified thing or to show
why the thing has not been done.
original writ. (16c) A writ commencing an action and
directing the defendant to appear and answer . In
the United States, this writ has been largely super
seded by the summons. At common law, this type of
writ was a mandatory letter issuing from the court of
chancery under the great seal, and in the king's name,
directed to the sheriff ofthe county where the injury
was alleged to have occurred, containing a summary
statement ofthe cause ofcomplaint, and requiring the
sheriff in most cases to command the defendant to
satisfy the claim or else appear in court to account for
not satisfying it. Sometimes shortened to original.
See SUMMONS. [Cases: Process (;::::/8.]
patent writ (pay-t;::,nt). Hist. An open writ; one not
closed or sealed up. Cf. close writ.
peremptory writ (pJr-emp-tJ-ree). (18c) At common
law, an original writ issued when the plaintiff seeks
only general damages, as in an action for trespass .
The writ, which is issued only after the plaintiff gives
security for costs, directs the sheriff to have the defen
dant appear in court. [Cases: Mandamus (;::::/ 179.J
pluries writ. See PLURIES.
prerogative writ. See extraordinary writ.
testatum writ (tes-tay-tJm). See TESTATUM.
vicontiel writ (vI-kon-tee-Jl). Hist. A writ triable in the
county court. In the 13th-14th centuries, civilliti
gation could originate in the county court either by
oral plaint or by a writ from the Chancery ordering
the sheriff to do justice in a case. The writ that began such a proceeding was called vicontiel because it was
addressed to the sheriff. See VICONTIEL (2).
"Vicontiel writs were of two sorts, the one founded on Torts,
the other on Contracts. The vicontiel writs adapted for torts,
were those of trespass, replegiari facias, nuisance, and
others of the like nature; and those of matters of contract
were called writs ofjusticies, which was a command to the
sheriff to do justice between the parties ...." 1 George
Crompton, Practice CommonPlaced: Rules and Cases of
Practice in the Courts of King's Bench and Common Pleas
vii-viii (3d ed. 1787).
writ ofcapias. See CAPIAS.
writ de haeretico comburendo. See DE HAERETICO COM
BURENDO.
write down, vb. Accounting. To transfer part of the
balance (of an asset account) to an expense or loss
account to reflect the asset's diminished value.
write off, vb. Accounting. To transfer the entire balance
(of an asset account) to an expense or loss account to
reflect the asset's total loss of value <the partnership
wrote off the bad debt>. -write-off, n. See TAX WRITE
OFF. write-off, n.
writer. Securities. 1. A person or institution that sells
securities or futures option contracts. 2. See insurance
underwriter (1) under UNDERWRITER.
writer ofthe tallies. English law. An officer ofthe Exche
quer who writes on the tallies the letters oftellers' bills.
See TALLY.
Writer to the Signet. Scots law. 1. Hist. A member ofthe
College ofJustice, founded in 1532.2. A member ofan
Edinburgh society of solicitors who hold a few special
privileges in the preparation of official documents.
write-up, n. 1. A memorandum ofa conference between
an employer and an employee, usu. held to discuss the
employee's poor work performance or a diSciplinary
action against the employee. 2. A publication (such as
a newspaper article) about a particular person, thing,
or event.
write-up, vb. Accounting. To increase the valuation ofan
asset in a financial statement to reflect current value.
 With a few minor exceptions, this is generally not
permitted.
writfifa. See TESTATUM (1).
writing, n. Any intentional recording of words that
may be viewed or heard with or without mechanical
aids. This includes hard-copy documents, electronic
documents on computer media, audio and videotapes,
e-mails, and any other media on which words can be
recorded.
signed writing. A writing to which a person's signature
has been affixed in some form. See SIGNATURE.
writing obligatory, n. A bond; a written obligation, as
technically described in a pleading.
writ ofad quod damnum. See AD QUOD DAMNUM.
writ ofaiel (aY-Jl). See AIEL (2).
writ of assistance. 1. A writ to enforce a court's decree
transferring real property, the title of which has been

1749 writ of injunction
previously adjudicated. [Cases: Assistance, Writ
1.] 2. Hist. A writ issued by the Court of Exchequer
ordering the sheriff to assist in collecting a debt owed
the Crown. 3. His!. In colonial America, a writ issued
by a superior colonial court authorizing an officer of
the Crown to enter and search any premises suspected
ofcontaining contraband. -The attempted use ofthis
writ in Massachusetts -defeated in 1761 was one of
the acts that led to the American Revolution.
writ of association. Hist. English law. A writ whereby
certain persons (usu. the clerk of assize and subor
dinate officers) were directed to associate themselves
with the justices and serjeants so that there would be an
adequate supply ofcommissioners for the assizes.
writ of attachment. See ATTACHMENT (3).
writ of audita querela. See AUDITA QUERELA.
writ ofcapias. See CAPIAS.
writ ofcapias ad respondendum. See CAPIAS.
writ of capias ad satisfaciendum. See CAPIAS.
writ ofcertiorari. See CERTIORARI.
writ of conspiracy. Hist. A writ against one who con
spired to injure the plaintiff, esp. by indicting the plain
tiff for treason or felony. _ Under common law, all other
circumstances ofconspiracy were actions on the case.
[Cases: Conspiracy (:::::: 15.]
writ ofconsultation. An extraordinary writ issued by an
appellate court ordering a lower court to proceed in a
matter that the lower court previously refused to hear.
Cf. PROHIBITION (2).
writ ofcoram nobis. See CORAM NOBIS.
writ ofcoram vobis. See CORAM VOBIS.
writ ofcourse. (17c) A writ issued as a matter of course
or granted as a matter of right. Also termed writ of
right; breve de cursu.
writ ofcovenant. Hist. A writ for one claiming damages
as a result ofa breach ofa promise under seal or other
covenant. -Also termed breve de conventione (breev
or bree-vee dee k~n-ven-shee-oh-nee).
"The writ of covenant (breve de conventione) is not men
tioned by Glanvill; but it appears within a short lime after
the publication of his book and already in the early years
of Henry III. It can be had 'as of course,' at all events when
the tenement that is in question is of small value. Before
Henry's death it has become a popular writ .... The great
majority of actions ofcovenant are brought merely in order
that they may be compromised. We doubt whether any
principle was involved in the choice; but may infer that the
procedure instituted by this writ was cheap and expedi
tious for those who wished to get to their final concord."
2 Frederick Pollock & Frederic W. Maitland, The History of
English Law Before the Time of Edward 1216-17 (2d ed.
1899).
writ ofdebt. See DEBT (4).
writ ofdeceit. Hist. A writ against one who deceives and
damages another by acting in the other's name.
writ of deliverance. See DELIVERANCE (3).
writ ofdetinue. (17c) A writ in an action for detinue. See
DETINUE. [Cases: Detinue Cr--:::' 1.] writ of dower. 1. DE DOTE UNDE NIHIL HABET. 2. A
widow's writ of right ofdower providing her the remain
der ofthe dower to which she is entitled after part of
it had been assigned by the tenant. [Cases: Dower and
Curtesy (::::::70.1.]
writ ofejectment. (17c) The writ in an action of eject
ment for the recovery ofland. See EJECTMENT. [Cases:
Ejectment G-:::' 120.J
writ ofelegit. See ELEGIT.
writ of entry. (16c) A writ that allows a person wrong
fully dispossessed of real property to enter and retake
the property.
writ oferror. (lSc) 1. A writ issued by an appellate court
directing a lower court to deliver the record in the case
for review. Cf. ASSIGNMENT OF ERROR. [Cases: Appeal
and Error 398.]
'The writ of error is the most common of all the forms of
remedial process available to an unsuccessful party after
a final determination of the merits of the action, and is in
common use in this country at the present time, where
the common-law modes of procedure are followed. Its
object ... is to obtain a reversal of the judgment, either
by reason of some error in fact affecting the validity and
regularity of the legal decision itself, or on account of
some mistake or error in law, apparent upon the face of
the record, from which the judgment appears to have been
given for the wrong party." Benjaminj. Shipman, Handbook
of Common-Law Pleading  337, at 538 (Henry Winthrop
Ballantine ed., 3d ed. 1923).
writ oferror coram nobis. See CORAM NOBIS.
writ oferror coram vobis. See CORAM VOBIS.
2. Hist. A writ issued by a chancery court, at the request
ofa party who was unsuccessful at trial, directing the
trial court either to examine the record itself or to
send it to another court of appellate jurisdiction to be
examined, so that some alleged error in the proceed
ings may be corrected.
writ ofescheat. Hist. A writ allowing a lord to take pos
session oflands that had escheated to him. See ESCHEAT
(1).
writ of estrepement (e-streep-mant). See DE ESTREPA
MENTO.
writ of execution. See EXECUTION (4).
writ ofexigent. See EXIGENT, n.
writ ofexigi facias. See EXIGI FACIAS.
writ of extent. See EXTENT (2).
writ offalse judgment. See FALSE JUDGMENT.
writ offierifacias. See FIERI FACIAS.
writ offormedon. See FORMEDON.
writ ofhabeas corpus. See HABEAS CORPUS.
writ ofhabere facias possessionem. See HABERE FACIAS
POSSESSIONEM.
writ of habere facias seisinam. See HABERE FACIAS
SEISINAM.
writ of injunction. See INJUNCTION.

1750 writ of inquiry
writ of inquiry. Rist. A writ ordering the sheriff to
empanel a jury and act as judge in a trial held to deter
mine the amount of damages suffered by a plaintiff who
has won a default judgment on an unliquidated claim.
[Cases: Damages (~~,197.]
writ oflatitat. See LATITAT.
writ of levari facias. See LEVARI FACIAS.
writ ofmainprise. See MAINPRISE (3).
writ of mandamus. See MANDAMUS.
writ ofmandate. See MANDATE (2).
writ ofmesne (meen). See DE MEDIO.
writ of mesne process. See mesne process under
PROCESS.
writ of monstravunt. See MONSTRAVUNT.
writ of ne exeat. See NE EXEAT.
writ ofperambulation. Rist. A common-law writ issued
by agreement of both parties when they are in doubt
about the bounds of their respective properties, direct
ing the sheriff to walk the jury around the property to
set the boundaries with certainty. See PERAMBULATION.
[Cases: Boundaries
writ ofpossession. (l7c) A writ issued to recover the pos
session ofland. (Cases: Ejectment (;:::::> 120.J
writ ofpraecipe


session ofland. (Cases: Ejectment (;:::::> 120.J
writ ofpraecipe. See PRAECIPE (1).
writ ofprevention. (17c) A writ to prevent the filing ofa
lawsuit. See QUIA TIMET.
writ ofprivilege. Rist. An action to enforce or maintain
a privilege, usu. one granted by statute or by a court.
Traditionally, the writ was used to protect legislators
from arrest in civil suits during a legislative session.
Parties and witnesses who did not reside within a
court's jurisdiction were also privileged against service
of process in civil suits while attending the court and
while traveling to or from it.
''The privilege of a suitor or witness to be exempt from
service of process while without the jurisdiction of his
residence for the purpose of attending court in an action
to which he is a party, or in which he is to be sworn as a
witness, is a very ancient one. It has always been held
to extend to every proceeding of a judicial nature taken
in or emanating from a duly-constituted tribunal which
directly relates to the trial of the issues involved. It is not
simply a personal privilege, but it is also the privilege ofthe
court, and is deemed necessary for the maintenance of its
authority and dignity and in order to promote the due and
efficient administration of justice. At common law a writ
of privilege or protection would be granted to the party
or witness by the court in which the action was pending,
which would be respected by all other courts .... [TJhe writ
may still be granted by courts possessing a common law
jurisdiction; but while the granting of the writ is proper,
it is not necessary for the enjoyment of the privilege, and
the only office which it can is to afford convenient and
authentic notice to those about to do what would be a
violation of the privilege, and to set it forth and command
due respect to it. The tendency has been not to restrict, but
to enlarge, the right of privilege so as to afford full protec
tion to parties and witnesses from all forms of civil process
during their attendance at court, and for a reasonable time
in going and returning." Parker v. Marco 32 N.E. 989, 989
(N.Y. 1893) (citations omitted). writ of probable cause. See CERTIFICATE OF APPEAL
ABILITY.
writ ofproclamation. Rist. A writ, issued at the time an
exigent was issued, ordering the sheriff of the county
ofa defendant's residence to make three proclamations
of outlawry in a public and notorious place a month
before the outlawry is declared. See OUTLAW.
writ of prohibition. See PROHIBITION (2).
writ ofprotection. (17c) 1. A writ to protect a witness in
a judicial proceeding who is threatened with arrest. 2.
A writ exempting anyone in the Crown's service from
arrest in a civil proceeding for a year and a day.
writ ofquare impedit. See QUARE IMPEDIT.
writ ofquominus. See QUOMINUS.
writ ofquorum nobis. See CORAM NOBIS.
writ ofquo warranto. See QUO WARRANTO (1).
writ ofrebellion. See COMMISSION OF REBELLION.
writ of recaption. Rist. A writ allowing a plaintiff to
recover goods and damages from a defendant who
makes a second distress while a replevin action for a
previous distress is pending. See RECAPTION.
writ of replevin. See REPLEVIN (2).
writ of restitution. (17c) 1. The process of enforcing a
civil judgment in a forcible-entry-and-detainer action
or enforcing restitution on a verdict in a criminal pros
ecution for forcible entry and detainer. (Cases: Forcible
Entry and Detainer C=>41; Landlord and Tenant (;:::::>
291(17).]
"In some states, follOWing the British statutes, the prosecu
tor may have a writ of restitution for the premises immedi
ately on the rendition of a verdict of guilty on an indictment
for forcible entry and detainer; and the operation of such
writ of restitution is not suspended by an appeal by the
defendant." 35 Am.Jur. 2d Forcible Entry and Detainer 61,
at 931 (1967).
2. A common-law writ issued when a judgment is
reversed, whereby all that was lost as a result of the
judgment is restored to the prevailing party. [Cases:
Appeal and Error (;:::::> 1179.]
writ of review. (lSc) A general form of process issuing
from an appellate court to bring up for review the
record ofthe proceedings in the court below; the com
mon-law writ of certiorari. [Cases: Courts
Review (;:::::> 1.]
writ ofright. See WRIT OF COURSE.
writ ofsecond deliverance. See second deliverance under
DELIVERANCE.
writ ofsequestration. (I8c) A writ ordering that a court
be given custody of something or that something not
be taken from the jurisdiction, such as the collateral for
a promissory note . Such a writ is usu. issued during
litigation, often so that the object will be available
for attachment or execution after judgment. [Cases:
Sequestration (;:::::> 13.1

1751
writ of summons. English law. A writ by which, under
the Judicature Acts of1873-1875, all actions were com
menced. See SUMMONS.
writ ofsupersedeas. See SUPERSEDEAS.
writ of supervisory control. (1901) A writ issued to
correct an erroneous ruling made by a lower court
either when there is no appeal or when an appeal
cannot provide adequate relief and the ruling will result
in gross injustice. [Cases: Courts ~'207.1.J
writ oftestatumfierifacias. See TESTATUM (1).
writ ofthreats. See SECURITATE PACIS.
writ of tolt (tohlt). See TOLT.
writ of trial. Hist. English law. By the Civil Procedure
Act of 1835, a writ ordering an action brought in a
superior court to be tried in an inferior court or before
the undersheriff . It was superseded by the County
Courts Act of 1867, ch. 142,  6 authorizing a defendant,
in certain cases, to obtain an order that an action is to
be tried in a county court. St. 3 & 4 WilL 4, ch. 42.
writ of venire facias. See VENIRE FACIAS.
writ ofwaste. Hist. A writ to recover damages against
a tenant who committed waste. See WASTE (1). [Cases:
Waste
"After waste had been actually committed, the ancient cor
rective remedy, in a court of common law, was by a writ
of waste for the recovery of the place wasted, and treble
damages as a compensation for the injury done to the
inheritance." 78 Am,jur. 2d Waste  29, at 417 (1975),
writ of withernam. See capias in withernam under
WITHERNAM.
writ pro retorno habendo (proh ri-tor-noh hd-ben
doh), n. [Law Latin "for return to be had"] Hist. A writ
ordering the return ofgoods to a defendant who, upon
the plaintiff's default, obtained a favorable judgment in
a replevin action. See DELIVERANCE (4),
writ system. (1890) The common-law procedural system
under which a plaintiff commences an action by obtain
ing the appropriate type oforiginal writ.
written contract. See CONTRACT.
written description. See DESCRIPTION (5).
written directive. See ADVANCE DIRECTIVE (2).
written law. See LAW.
written testimony. See TESTIMONY.
written warranty. See WARRANTY (2).
wrong, n. (bef. 12c) Breach of one's legal duty; viola
tion ofanother's legal right. [Cases: Torts <>107.]
wrong, vb.
"A wrong may be described, in the largest sense, as
anything done or omitted contrary to legal duty, consid
ered in so far as it gives rise to liability." Frederick Pollock,
A First Book ofjurisprudence 68 (1896),
"A wrong is simply a wrong act -an act contrary to the
rule of right and justice. A synonym of it is injury, in its
true and primary sense of injuria (that which is contrary
to jus) . , , ," John Salmond, Jurisprudence 227 (Glanville L.
Williams ed" 10th ed. 1947). wrongful adoption
civil wrong. (I7c) A violation ofnoncriminal law, such
as a tort, a breach of contract or trust, a breach of
statutory duty, or a defect in performing a public duty;
the breach ofa legal duty treated as the subject matter
ofa civil proceeding. See TORT (1). Cf. CRIME.
continuing wrong. (1846) An ongoing wrong that is
capable of being corrected by specific enforcement.
-An example is the nonpayment of a debt.
intentional wrong. (I8c) A wrong in which the mens
rea amounts to intention, purpose, or deSign. -Also
termed willful wrong.
legal wrong. (I8c) An act that is a violation of the law;
an act authoritatively prohibited by a rule oflaw.
moral wrong. (l8c) An act that is contrary to the rule of
natural justice. Also termed natural wrong.
personal wrong. An invasion ofa personal right.
positive wrong. (18c) A wrongful act willfully com
mitted.
private wrong. (l6c) An offense committed against a
private person and dealt with at the instance of the
person injured.
public wrong. (16c) An offense committed against the
state or the community at large, and dealt with in a
proceeding to which the state is itself a party. _ Not all
public wrongs are crimes. For example, a person that
breaches a contract with the government commits
a public wrong, but the offense is a civil one, not a
criminal one.
real wrong. An injury to the freehold.
transitory wrong. (2004) A wrong that, once commit
ted, belongs to the irrevocable past . An example is
defamation.
willful wrong. See intentional wrong.
wrong of negligence. (1902) A wrong in which the
mens rea is a form of mere carelessness, as opposed
to wrongful intent.
wrong ofstrict liability. (1986) A wrong in which a
mens rea is not required because neither wrongful
intent nor culpable negligence is a necessary condi
tion of responsibility.
wrongdoer, n. (15c) One who violates the law <both
criminals and tortfeasors are wrongdoers>. -wrong
doing, n.
wrongful, adj. (l4c) 1. Characterized by unfairness or
injustice <wrongful military invasion>. 2. Contrary to
law; unlawful <wrongful termination>. 3. (Of a person)
not entitled to the position occupied <wrongful pos
sessor>. -wrongfully, adv.
wrongful act. See wrongful conduct under CONDCCT.
wrongful adoption. 1. An adoption in which the
adoption agency fails to provide adoptive parents
with full or accurate information regarding the child's
physical or psychological background, _ The adoptive
parents normally do not seek to nullify the adoption.
Rather, they seek damages, usu. tor medical care and

1752 wrongful-birth action
for emotional distress. 2. An adoptive parent's legal
claim against an adoption agency for not fully or accu
rately disclosing the child's physical or psychological
background. Cf. ABROGATION OF ADOPTION. [Cases;
Infants C::::> 17.]
wrongful-birth action. (1972) A lawsuit brought by
parents against a doctor for failing to advise them pro
spectively about the risks of their having a child with
birth defects. [Cases; Health C::::>687.]
wrongful-conception action. See WRONGFUL-PREG
NANCY ACTION.
wrongful conduct. See CONDUCT.
wrongful-death action. (1926) A lawsuit brought on
behalf of a decedent's survivors for their damages
resulting from a tortious injury that caused the dece
dent's death. -Also termed death action; death case.
Cf. SURVIVAL ACTION. [Cases; Death C::::>7-33.]
wrongful-death statute. (1904) A statute authorizing a
decedent's personal representative to bring a wrongful
death action for the benefit ofcertain beneficiaries.
Formerly also termed death-damage statute. [Cases;
Death C::::> 11.]
wrongful discharge. See DISCHARGE (7).
wrongful-discharge action. (1957) A lawsuit brought by
an ex-employee against the former employer, alleging
that the termination ofemployment violated a contract
or was illegal. -Also termed wrongful-termination
action. [Cases; Labor and Employment C::::>850.]
wrongful dishonor, n. (1895) A refusal to accept or pay
(a negotiable instrument) when it is properly presented
and is payable. Cf. DISHONOR (1). wrongful-eviction action. A lawsuit brought by a former
tenant or possessor of real property against one who
has put the plaintiff out ofpossession, alleging that the
eviction was illegal. [Cases; Landlord and Tenant C::::>
180,278,278.17,292,318.]
wrongful garnishment. See GARNISHMENT.
wrongful levy. See LEVY.
wrongful-life action. (1963) A lawsuit brought by or
on behalf of a child with birth defects, alleging that
but for the doctor-defendant's negligent advice, the
parents would not have conceived the child or, if they
had, would have aborted the fetus to avoid the pain and
suffering resulting from the child's congenital defects.
 Most jurisdictions reject these claims. [Cases; Health
C::


ing resulting from the child's congenital defects.
 Most jurisdictions reject these claims. [Cases; Health
C::::>687.]
wrongful-pregnancy action. (1979) A lawsuit brought
by a parent for damages resulting from a pregnancy fol
lowing a failed sterilization. -Also termed wrongful
conception action. [Cases; Health C::::>686.]
wrongful process. See ABUSE OF PROCESS.
wrongful-termination action. See WRONGFUL-DIS
CHARGE ACTION.
wrong ofnegligence. See WRONG.
wrong of strict liability. See WRONG.
wrong verdict. See verdict contrary to law under
VERDICT.
WTO. See WORLD TRADE ORGANIZATION.
wyte (WIt). Hist. 1. An immunity from an amercement.
See AMERCEMENT. 2. See WITE.

x
X. abbr. 1. EX DIVIDEND. 2. EX RIGHTS. 3. EX DISTRIBU
TION. 4. EX WARRANTS.
X. 1. A mark serving as the signature of a person who
is physically handicapped or illiterate. The signer's
name usu. appears near the mark, and ifthe mark is to
be notarized as a signature, two signing witnesses are
ordinarily required in addition to the notary public.
[Cases: Signatures (;::::>5.] 2. A symbol equivalent to
"by" when used in giving dimensions, as in 3 x 5 inches.
3. A mark placed on a document (such as an applica
tion) to indicate a selection, such as "yes" or "no"; esp.,
a mark on a ballot to indicate a vote.
XD. abbr. EX DIVIDEND.
XDIS. abbr. EX DISTRIBUTION.
xenodochium (zen-a-da-kI-am or -dok-ee-am), n. [fro
Greek xenos "a guest" + dochein "to receive"] Roman
law. 1. An inn. 2. A hospital.  Ihis was a charitable
institution to which donations and legacies might
validly be given. -Also termed xenodochion; xeno
docheum; xenodochy.
X-patent. Patents. An early U.S. patent, granted before
the numbering system set up in the Patent Act of 1836
and so named because an X was added to the numbers
ofexisting patents to avoid duplicate numbers.
XQ. See cross-question under QUESTION (1).
XR. abbr. EX-RIGHTS.
XW. abbr. EX-WARRANTS. xylon (zI-Ion), n. [fro Greek xulon "wood"] Archaic. A
Greek punishment apparatus similar to stocks.
XYY-chromosome defense. Criminal law. A defense,
usu. asserted as the basis for an insanity plea, whereby
a male defendant argues that his criminal behavior is
due to the genetic abnormality of having an extra Y
chromosome, which causes him to have uncontrol
lable aggressive impulses . Most courts have rejected
this defense because its scientific foundations are
uncertain. Also termed XYY defense. See INSANITY
DEFENSE.
"As one commentator has suggested.. 'an attorney
defending an XYY individual will be required to call upon
both a geneticist and a psychiatrist to give expert testi
mony. The geneticist's role would be to testifywirh respect
to the individual's genetic structure, any distinguishing
characteristics which are relevant to an insanity defense,
and the result of family studies designated to determine
the influence of genetics and environment on the develop
mEmt of this individual. The psychiatrist's testimony would
focus upon the defendant's mental capacity or condition.'
But in the absence of sound medical support for an XYY
defense, courts are understandably unsympathetic to
defense efforts to obtain such expert testimony." Wayne R.
LaFave & Austin W. ScottJr., Criminal Law  4.8, at 380 (2d
ed. 1986) (quoting Note, 57 Geo. L.J. 892, 902-03 (1969.
XYY syndrome. The abnormal presence of an extra
Y chromosome in a male, theoretically resulting in
increased aggressiveness and antisocial behavior some
times resulting in criminal conduct. See XYY-CHROMO
SOME DEFENSE.

y
Y2K warranty. abbr. Year 2000 warranty; a warranty
that software, hardware, or a product having computer
hardware or software components will function
properly on and after January I, 2000. These war
ranties were common in the late 1990s.
yank-cheating, n. The illegal practice ofinserting paper
money into a vending machine, then pulling the money
out again after the machine has recognized it, thereby
retaining the cash and unlawfully obtaining merchan
dise.
yardland, n. Hist. A variable quantity ofland, often 20
acres. Also termed virgata terrae (var-gay-ta ter
ee).
yardstick theory. Antitrust. A method of determining
damages for lost profits (and sometimes overcharges)
whereby a corporate plaintiff identifies a company
similar to the plaintiff but without the impact of the
antitrust violation. Cf. BEFORE-AND-AFTER THEORY;
MARKET-SHARE THEORY.
"To the extent that either the markets or firms being
compared are dissimilar, the yardstick theory will not
produce a trustworthy estimate of what the plaintiff would
have earned but for the defendant's conduct, The method
therefore works best in markets that are both local and
relatively homogeneous." Herbert Hovenkamp, Economics
and Federal Antitrust Law  16.7, at 454 (1985).
yea, n. Parliamentary law. An affirmative vote.
yea and nay (yay / nay). Yes and no . In old records, this
was a mere assertion and denial without the necessity
ofan oath.
year. 1. Twelve calendar months beginning January 1 and
ending December 31. Also termed calendar year. 2.
A consecutive 365-day period beginning at any point;
a span oftwelve months. [Cases: Time C~4.l
fiscal year. An accounting period of 12 consecutive
months <the company's fiscal year is October 1 to
September 30> . A fiscal year is often different from
the calendar year, esp. for tax purposes. -Also
termedfiscal period.
half-year. In legal computation, a period of 182 days.
natural year. Hist. The period of365 days and about 6
hours. or the time it takes the earth to orbit the sun.
tax year. The period used for computing federal or state
income-tax liability, usu. either the calendar year or
a fiscal year of 12 months ending on the last day ofa
month other than December. -Also termed taxable
year. [Cases: Internal Revenue (;::::J3075-3093; Cases:
Taxation ~3509, 3538.]
Year 2000 warranty. See Y2K WARRANTY.
year and a day. The common-law time limit fixed for
various purposes, such as claiming rights, exemptions,
or property (such as rights to wreckage or estrays), or for prosecuting certain acts so called because a year
was formerly counted to include the first and last day,
meaning that a year from January 1was December 31,
so a year and a day would then mean a full year from
January 1through January I. Also termed year and
day; (formerly in Scots law) zeir and day. See YEAR
AND-A-DAY RULE; YEAR, DAY, AND WASTE.
year-and-a-day rule. (1876) Criminal law. The common
law principle that an act causing death is not homicide
if the death occurs more than a year and a day after
the act was committed. _ In Latin, the phrase year and
a day was commonly rendered annus et dies. [Cases:
Homicide
"It has long been the rule that no one can be convicted of
the murder or manslaughter of another person who does
not die within a year and a day of the blow received or other
cause of death. 'Day' was here added merely to indicate
that the 365th day after that of the injury must be included.
Such an indication was rendered necessary by an old rule
(now obsolete) that, in crimina/law, in reckoning a period
'from' the doing of any act, the period was (in favour of
prisoners) to be taken as beginning on the very day when
this act was done," j,W. Cecil Turner, Kenny's Outlines of
Criminal Law 105 (16th ed, 1952).
"The phrase 'year and a day,' in this test [for proving causa
tion of a person's death], means no more than a year. The
accepted method of computing time today is byexclud
ing the first day and including the last. Thus a year from
january first is the first day of the following january. In
ancient times, however, there was a tendency to include
both the first day and the last day so that a year from
January first was thought of as the thirtyfirst of the follow
ing December, and 'the day was added that there might be
a whole year.' The use of this peculiar phrase to mean just
a year in the homicide cases has found expression in some
of the statutes. Other enactments have wisely dropped
this anCient jingle," Rollin M. Perkins & Ronald N. Boyce,
Criminal Law 778 (3d ed. 1982),
"Several centuries ago, when doctors knew very little about
medicine, the judges created an absolute rule of law: one
cannot be guilty of murder if the victim lives for a year
and a day after the blow, The difficulty in proving that the
blow caused the death after so long an interval was obvi
ously the basis of the rule. Now that doctors know infinitely
more, it seems strange that the yearand-a-day rule should
survive to the present, but it has done so in most of the
American states, either by judicial decision or by statute."
Wayne R. LaFave &Austin W. Scottjr., Criminal Law 3.12,
at 299 (2d ed. 1986).
'The year and a day rule is widely viewed as an outdated
relic ofthe common law." Rogers v, Tennessee, 532 U.S. 451,
462,121 5.Ct, 1693, 1701 (2001) (O'Connor,].).
year and day. See YEAR AND A DAY.
Year Books. Hist. Books of cases anonymously and fairly
regularly reported covering primarily the period from
the reign of Edward I to the time ofHenry VIII. -The
title "Year Books" derives from their being grouped
under the regnal years of the sovereigns in whose reigns
the reported cases were cited. The reports were probably

1755
originally prepared by law teachers and students and
later by professional reporters or scribes. Also
written Year-Books; year-books; yearbooks. -Also
termed terms. Cf. ABBREVIATIO PLACITORUM.
"[Flrom 1300 there is a continuous stream of reports of
arguments in the common Pleas. The reports were written
in Anglo-French, the language of courtly speech. Their
authorship is unknown, and they are referred to by the
generic name 'year-books' .... If we have to account for
their beginning, the most likely explanation is that they
arose from a case-method of instruction in the law school
which served the apprentices of the Bench before the
emergence of the inns of court .... For the same reason,
the contemporary value of the earliest reports lay not in
their historical authenticity as precedents but in the ideas
and suggestions which they contained. .. Once the age
of experiment was over, the reports settled into a more
uniform and at times apparently single series .... The
yearbooks did not end at any fixed date. What has usually
been taken as their end is the result of two concurrent
factors: the advent of printing, and the practice of identify
ing reports by the name of the author." J.H. Baker, An Intro
duction to English Legal History 205-07 (3d ed. 1990).
year, day, and waste. Hist. A right of the Crown to the
profits and waste for a year and a day of the land of
persons convicted ofpetty treason or felony (unless the
lord made redemption), after which the Crown had to
restore the property to the lord ofthe fee. The right was
abrogated by the Corruption of Blood Act of 1814.
Also termed (in Law French) ann, jour, et wast; (in Law
Latin) ann us, dies, et vastum.
year-end dividend. See DIVIDEND.
year in mourning. See ANNUS LUCTUS.
Year ofOur Lord. See ANNO DOMIK!.
year-to-year tenancy. See periodiC tenancy under
TEKANCY.
yeas and nays. The affirmative and negative votes on a
bill or resolution before a deliberative assembly. See
roll-call vote under VOTE (4). [Cases: Statutes ~19.J
yellow-dog contract. An employment contract forbid
ding membership in a labor union . Such a contract is
generally illegal under federal and state law.
yeoman (yoh-m;m). 1. Hist. An attendant in a royal or
noble household. 2. Hist. A commoner; a freeholder
(under the rank ofgentleman) who holds land yielding
40 shillings per year.
"A yeoman is he that hath free land of forty shillings by the
year; who was thereby qualified to serve on juries, vote for
knights of the shire, and do any other act, where the law
requires one that is probus et legalis homo [an upright and
law-abiding man]." 1 William Blackstone, Commentaries on
the Laws of Eng/and 394 (1765).
3. English law. One who owns and cultivates property.
4. A petty officer performing clerical work in the U.S.
Navy. Also sometimes spelled yoman.
yeoman of the guard. A member of a corps of officers
whose primary duties are to ceremonially guard the
English royal household . A yeoman is usu. at least
six feet tall, is ofthe best rank under the gentry, and is
generally exempt from