provided the colonies
with a standard of exchange. The Court ordered that
"wampampege should passe at 6 a penny for any sum
under 12d." Wampum was used as the medium of
exchange, esp. for small transactions, until 1652, when
the General Court ordered the first metallic currency. wanton
lhe last recorded exchange in wampum was in New
York in 1701.
Wands test. Patents. A judicial test of "undue experi
mentation" for determining if a patent application's
specification teaches one skilled in the art how to
make and work the claimed invention. In re Wands,
858 F.2d 731 (Fed. Cir. 1988). The test takes account
ofeight factors: (1) how much experimentation would
be needed, (2) how much guidance is given, (3) whether
there is a working example, (4) the nature ofthe inven
tion, (5) the state ofthe prior art, (6) the level ofskill of
those in the art, (7) how predictable or unpredictable
the art is, and (8) the breadth ofthe claims. The factors
(often called Wands factors) are illustrative rather than
mandatory. See UNDUE EXPERIMENTATION. [Cases:
Patents C::::99.]
wanlass (wahn-lds). Rist. An ancient form of tenure
requiring the tenant to drive deer to a stand so that
the lord can take a shot. -Also spelled wanlace.
wantage (wahnt-ij), n. A deficiency of something; specif.,
a vessel's deficiency ofnot being full, due to leakage.
wanted person. A person sought by a law-enforcement
agency because the person has escaped from custody
or an arrest warrant has been issued for the person's
arrest.
want ofamicable demand. Louisiana law. A defensive
pleading by a defendant who seeks to avoid, delay, or
defeat the plaintiff's petition . A defendant may (1)
refuse to participate in the suit (a declinatory excep
tion), (2) seek to delay the litigation in the suit (a
dilatory exception), or (3) seek to dismiss or defeat the
suit (a peremptory exception). See declinatory excep
tion, dilatory exception, peremptory exception under
EXCEPTION (1).
want ofconsideration. (18c) The lack of consideration
i for a contract. See CONSIDERATION (1). Cf. FAILURE OF
I CONSIDERATION. [Cases: Contracts C::::54(l), 84; Sales
want ofjurisdiction. A court's lack of power to act in
a particular way or to give certain kinds of relief. - A
court may have no power to act at all, may lack author
ity over a person or the subject matter of a lawsuit, or
may have no power to act until the prerequisites for its
jurisdiction have been satisfied. -Also termed lack oj
jurisdiction. See JURISDICTION. [Cases: Courts C::::39,
40; Federal CourtsC=>30.]
want ofprosecution. (17c) Failure ofa litigant to pursue
the case <dismissal for want of prosecution>. -Also
termed lack ofprosecution; no progress. -Abbr. w.o.p.
[Cases: Federal Civil Procedure C-~1758; Pretrial Pro
cedure (;:::::') 581.]
I want of repair. (17c) A defective condition, such as a
condition on a highway making it unsafe for ordinary
travel. [Cases: Automobiles C::::252; Municipal Corpo
rations (:::)757(]).]
wanton (wahn-t"n), adj. (14c) Unreasonably or mali
ciously risking harm while being utterly indifferent

1720 wanton and reckless misconduct
to the consequences. -In criminal law, wanton usu. ! war ofaggression. A war that the attacking nation ini
connotes malice (in the criminal-law sense), while
reckless does not. Cf. RECKLESS; WILLFUL. [Cases:
Criminal Law (;::J23; Negligence (>-::>275.]
"Wanton differs from reckless both as to the actual state
of mind and as to the degree of culpability. One who is
acting recklessly is fully aware of the unreasonable risk
he is creating, but may be trying and hoping to avoid any
harm. One acting wantonly may be creating no greater risk
of harm. but he is not trying to avoid it and is indifferent to
whether harm results or not. Wanton conduct has properly
been characterized as 'vicious' and rates extreme in the
degree of culpability. The two are not mutually exclusive.
Wanton conduct is reckless plus, so to speak." Rollin M.
Perkins & Ronald N. Boyce, Criminal Law 879-80 (3d ed.
1982).
wanton and reckless misconduct. See wanton miscon
duct under MISCOKDUCT.
wanton misconduct. See MISCONDUCT.
wanton negligence. See gross negligence under NEGLI
GENCE.
wantonness, rI. (14c) Conduct indicating that the actor
is aware of the risks but indifferent to the results.
Wantonness usu. suggests a greater degree of culpa
bility than recklessness, and it often connotes malice
in criminal-law contexts. Cf. RECKLESSNESS. [Cases:
Criminal Law (::::::> 20, 23; Damages (;::J87(l), 91.5(1);
Negligence wanton, adj.
wapentake (wahp-.:m-tayk or wap-), n. [fro Saxon waepen
"weapons" + tac "touch"] Hist. 1. In some English
counties, a division corresponding to the hundred or
ward in other counties. See HUNDRED. 2. The court
within such a division. 3. A bailiff who works in such
a court.
war. 1. Hostile conflict by means ofarmed forces, carried
on between nations, states, or rulers, or sometimes
between parties within the same nation or state; a
period of such conflict <the Gulf War>. - A state of
war may also exist without armed conflict; for example,
the treaty formally ending the World War II state ofwar
between the United States and Japan was Signed seven
years after the fighting ended in 1945. [Cases: War and
National Emergency (;::J 1.]
civil war. An internal armed conflict between people of
the same nation; esp. (usu. cap.), the war from 1861 to
l865, resulting from the Confederate states' attempted
secession from the Union.
imperfect war. A war limited in terms of places,
persons, and things.
mixed war. A war between a nation and private indi
viduals.
perfect war. A war involving an entire nation against
another.
private war. A war between private persons.
public war. A war between two nations under authOrity
oftheir respective governments.
solemn war. A war formally declared esp. by public
declaration by one country against another. tiates for reasons other than self-defense. -This type
of war is considered a crime against international
peace under customary international law.
2. A dispute or competition between adversaries <fare
wars are common in the airline industry>. 3. A struggle
to solve a pervasive problem <America's war against
drugs>.
warantizare. See WARRANTIZARE.
War Clause. (1943) U.S. Const. art. 1,  8, cl. 11-14, giving
Congress the power to declare war. -Also termed
War Powers Clause. See WAR POWER. [Cases: \Var and
National Emergency (;::J2.]
war contribution. Jrlt'llaw. An extraordinary payment
imposed by an occupying power on the population of
an occupied territory during wartime. -Often short
ened to contribution. [Cases: War and National Emer
gency (;::J 14.]
war crime. Conduct that violates international laws gov
erning the conduct of international armed conflicts.
_ Examples ofwar crimes are the killing ofhostages,
abuse ofcivilians in occupied territories, abuse ofpris
oners of war, and devastation that is not justified by
military necessity. [Cases: War and National Emer
gency (;::J 11.]
ward. (15c) 1. A person, usu. a minor, who is under a
guardian's charge or protection. See GUARDIAN (1).
[Cases: Guardian and Ward 9.5.]
permanent ward. (1927) A ward who has been assigned
a permanent guardian, the rights of the natural
parents having been terminated by a juvenile court.
[Cases: Guardian and Ward (;::J9.5; Infants
155.]
temporary ward. (1901) A minor who is under the
supervision of a juvenile court but whose parents'
parental rights have not been terminated. [Cases:
Infants (;::J 154.1.]
ward-in-chancery. His!. An infant under the superin
tendence ofthe chancellor.
ward ofadmiralty, A seaman -so called because of
the legal view that a seaman, in contractual matters,
should be treated as a beneficiary and the other con
tracting party as a fidUciary because ofthe perceived
inequitability of their bargaining positions. [Cases:
Seamen (;::J 1.]
ward ofthe state. (1832) A person who is housed by,
and receives protection and necessities from, the gov
ernment. -Also termed state's ward.
2. A territorial division in a city, uSU. defined for
purposes of city government. [Cases: Municipal Cor
porations ~"40.] 3. The act ofguarding or protecting
something or someone. 4. Archaic. One who guards. 5.
CASTLE-GUARD. -Formerly also termed warda.
warda (wor-d<:)), n. [Law Latin] Hist. Wardship; guard
ianship.
wardage. See WARDPENNY.

1721
warden. (Bc) 1. A person in charge of something <game
warden> <port warden>; esp., the official in charge ofa
prison, jail, or park <prison warden> <game warden>.
[Cases: Prisons ~390.1 2. SERGEANT-AT-ARMS (4).
warden of the cinque ports (singk ports). Hist. A mag
istrate with jurisdiction over the five cinque ports.
This office was created in imitation ofthe Roman policy
ofstrengthening coasts against enemies. The warden,
formally called the Lord Warden, presided over the
Court ofthe Lord Warden ofthe Cinque Ports, which
was created in the 14th century and, over time, vari
ously exercised civil, equity, and admiralty jurisdic
tion. -Formerly termed guardian ofthe cinque ports.
See CINQUE PORTS.
ward holding. Scots law. The feudal tenure known in
England as knight service. See KNIGHT SERVICE.
ward-horn. Hist. The duty of keeping watch and ward
with a horn to blow in the event of a surprise. See
WATCH AND WARD.
ward-in-chancery. See WARD.
wardite. Hist. A fine that a tenant was required to pay
upon failing to fulfill the duty ofcastle-guard. See CAS
TLE-GUARD.
wardmote (word-moht). Hist. 1. A court maintained in
every London ward. Also termed wardmote court;
inquest. 2. A meeting of a ward.
ward ofadmiralty. See WARD.
ward ofthe state. See WARD.
wardpenny, n. Hist. 1. Money paid in lieu of military
service. 2. Money paid to the sheriff or castellans in
exchange for watching and warding a castle. -Also
termed wardage; warth.
wardship. (lSc) 1. Guardianship of a person, usu. a
minor. [Cases: Guardian and Ward ~1.] 2. The condi
tion ofbeing a ward. 3. Hist. The right ofthe feudal lord
to guardianship ofa deceased tenant's minor heir until
the heir reached the age of majority. -Also termed (in
senses 1 & 3) guardage.
wardship in chivalry. Wardship as a feudal incident to
the tenure ofknight-service.
wardship in copyholds. Wardship by which the lord is
guardian ofan infant tenant by special custom.
wardstaff, n. Hist. A staff carried by an authority; esp., a
constable's or watchman's staff.
wardwit, n. Hist. 1. An immunity or exemption from the
duty of warding or contributing to warding. 2. A fine
for failing to watch and ward. -Also termed warwit;
wardwite.
warectare (wor-dk-tair-ee), vb. [Law Latin "to let lie
fallow"] Hist. To plow land in the spring and then let it
lie fallow for a better wheat crop the next year.
warehouse. A building used to store goods and other
items. warfare
bonded warehouse. A special type ofprivate warehouse
used to store products subject to customs duties. See
WAREHOUSE SYSTEM.
warehouse book. A book used by merchants to account
for quantities of goods received, shipped, and in
stock.
warehouseman. See WAREHOUSER.
warehouseman's lien. See warehousers lien under LIEN.
warehouser. One who, as a business, keeps or stores the
goods ofanother for a fee. -The transaction in which
a warehouser engages is a bailment for the benefit of
both parties, and the bailee is liable for ordinary neg
ligence. Also termed warehouseman. See BAILEE.
[Cases: Warehousemen <8='3.]
warehouse receipt. A document evidencing title to
goods stored with someone else; esp., a receipt issued
by a person engaged in the business of storing goods
for a fee. - A warehouse receipt, which is considered a
document oftitle, may be a negotiable instrument and
is often used for financing with inventory as security.
See BAILMENT. [Cases: Warehousemen ~1LJ
warehouser's lien. See LIEN.
warehouse system. A


ases: Warehousemen ~1LJ
warehouser's lien. See LIEN.
warehouse system. A system of maintaining bonded
warehouses so that importers can either store goods
for reexportation without paying customs duties or
store the goods without paying duties until the goods
are removed for domestic consumption. See bonded
warehouse under WAREHOUSE.
warehouse-to-warehouse cover. Insurance coverage for
goods protecting against damage at any time during the
shipping process, including the loading and unload
ing of the goods. See COMPLETE-OPERATION RULE. Cf.
COMING-TO-REST DOCTRINE. [Cases: Insurance
2681.]
warehousing. 1. A mortgage banker's holding of mort
gages until the resale market improves. 2. A corpo
ration's giving of advance notice of a tender offer to
institutional investors, who can then buy stock in the
target company before public awareness of the takeover
inflates the stock's price. See TENDER OFFER.
warfare. 1. The act ofengaging in war or military conflict.
See WAR. [Cases: War and National Emergency
2. Loosely, the act of engaging in any type ofconflict.
biological warfare. The use of biological or infectious
agents in war, usu. by delivering them via airplanes
or ballistic missiles. Cf. chemical warfare.
biochemical warfare. Warfare in which both biologi
cal and chemical weapons are used. See biological
warfare, chemical warfare.
chemical warfare. Warfare in which deadly chemical
agents, such as nerve gas, are used as weapons, usu.
by delivering the chemicals via shells, missiles, or
bombs. -Chemical weapons were first used in \\Torld
War L The first international treaty forbidding the use
ofboth chemical and biological weapons, the Protocol
for the Prohibition ofthe Use in War of Asphyxiating,
Poisonous or Other Gases, and ofBiological Methods

1722 war-mongering propaganda
ofWarfare was signed in 1925 and came into force in
1928. The United States is a signatory but with reser
vations. Cf. biological warfare.
economic warfare. 1. A hostile relationship between
two or more countries in which at least one tries to
damage the other's economy for economic, politi
cal, or military ends. 2. The collective measures that
might be taken to achieve such ends. [Cases: War and
National Emergency(;= 12,14.]
guerrilla warfare. Hostilities that are conducted by
individuals or small groups who are usu. not part of
an organized army and who fight by means ofsurprise
attacks, ambushes, and sabotage . Formerly, it was
thought that the hostilities had to be conducted in
enemy-occupied territory. Typically, guerrilla warfare
is carried out only when geographical conditions are
favorable and when the civilian population is at least
partly cooperative.
land warfare. Hostilities conducted on the ground, as
opposed to at sea or in the air.
war-mongering propaganda. See PROPAGANDA.
WARN (worn). abbr. WORKER ADJUSTMENT AND
RP,TRAINING NOTIFICATION ACT.
warning. (bef. 12c) The pointing out ofa danger, esp. to
one who would not otherwise be aware ofit.  State and
federal laws (such as 21 USCA  825) require warning
labels to be placed on potentially dangerous materials,
such as drugs and equipment. [Cases: Products Liabil
ity 133.]
adequate warning. (l885) A warning that reason
ably alerts a product's average user to a potential
hazard, and the nature and extent of the danger.
Four elements have been articulated as comprising
an adequate warning: (1) notice that a severe hazard
exists, (2) a description of the hazard's nature, (3) a
description of the hazard's possible consequences,
and (4) instructions on how to avoid the hazard. In
addition, the warning must be prominently displayed,
and may have to illustrate the nature and severity of
the hazard with pictographs. [Cases: Products Liabil
ity (;=133.]
warnistura (wor-n,,-st[y]oor-;:l), n, [Law Latin] Hist. Fur
niture; provision,
warnoth (wor-noht). Hist. A defunct custom by which
a tenant who failed to pay rent on a set day had to pay
double the amount due, and on failing a second time
had to pay triple (and so on).
war ofaggression. See WAR.
war power. (18c) The constitutional authority ofCongress
to declare war and maintain armed forces (U.S. Const.
art. I,  8, cIs. 11-14), and of the President to conduct
war as commander-in-chief (U.S. Const. art. II,  2, el,
1). [Cases: War and National Emergency (;::>2.]
War Powers Clause. See WAR CLAUSE.
war-powers resolution. (1954) A resolution passed by
Congress in 1973 (over the President's veto) restricting
the President's authority to involve the United States in foreign hostilities without congressional approval,
unless the United States or one of its territories is
attacked. 50 USCA  1541-1548. [Cases: War and
National Emergency
warrandice (wahr-;:ln-dis or -dIS). Scots law. An obli
gation to indemnify the grantee or buyer of land if
another person establishes a superior title and takes
possession.
personal warrandice. An obligation to indemnify that
binds the grantor and the grantor's heirs.
real warrandice. An obligation by which certain lands
are made over as security for lands conveyed to the
grantee and will be transferred to the grantee ifhe
or she is evicted from the conveyed lands by a third
party.
warrant, n. (l4c) 1. A writ directing or authorizing
someone to do an act, esp. one directing a law enforcer
to make an arrest, a search, or a seizure.
administrative warrant. (1951) A warrant issued by
a judge at the request of an administrative agency.
 This type of warrant is sought to conduct an
administrative search. See administrative search
under SEARCH. -Also termed administrative search
warrant. [Cases: Searches and Seizures
anticipatory search warrant. See SEARCH WARRANT.
arrest warrant. (1894) A warrant, issued only on
probable cause, directing a law-enforcement officer
to arrest and bring a person to court. -Also termed
warrant ofarrest. [Cases: Criminal Law C=>215
220.]
bench warrant. (17c) A writ issued directly by a judge
to a law-enforcement officer, esp, for the arrest of
a person who has been held in contempt, has been
indicted, has disobeyed a subpoena, or has failed to
appear for a hearing or trial.  A bench warrant is
often issued for the arrest of a child-support obligor
who is found in contempt for not having paid the
support obligation. [Cases: Criminal Law C=,}263.]
blanket search warrant. See SEARCH WARRANT,
border warrant. A writ ofarrest or other warrant con
cerning debts owed, issued on one side ofa national
border for execution on the other side; esp., such a
warrant issued on either side of the border between
England and Scotland.
commitment warrant. See warrant ofcommitment.
death warrant. (I8c) A warrant authorizing a warden
or other prison official to carry out a death sentence .
A death warrant typically sets the time and place for a
prisoner's execution. [Cases: Sentencing and Punish
ment (;::> 1795.]
distress warrant. (I8c) 1. A warrant authorizing a court
officer to distrain property. See DISTRESS. 2. A writ
allowing an officer to seize a tenant's goods for failing
to pay rent due to the landlord. [Cases: Landlord and
Tenant (;::>270(6).]

1723 warrant
escape warrant. (l8c) 1. A warrant directing a peace I known by Sight but not by name. This type of
officer to rearrest an escaped prisoner. 2. Hist. A
warrant granted to retake a prisoner who had escaped
from a royal prison after being committed there .
The warrant was obtained on affidavit from the judge
of the court in which the action had been brought,
and was directed to all sheriffs throughout England,
commanding them to retake and commit the prisoner
to the nearest jail.
extradition warrant. (1S76) A warrant for the return of
a fugitive from one jurisdiction to another. Cf. rendi
tion warrant. [Cases: Extradition and Detainers
12,36.]
fugitive warrant. (1900) A warrant authorizing law
enforcement officers to take into custody a person
who has fled from one state to another to avoid pros
ecution or punishment.
general warrant. (16c) 1. Hist. A warrant issued by
the English Secretary of State for the arrest of the
author, printer, or publisher of a seditious libel,
without naming the persons to be arrested. General
warrants were banned by Parliament in 1766.
"A practice had obtained in the secretaries office ever since
the restoration, grounded on some clauses in the acts for
regulating the press, of issuing general warrants to take
up (without naming any person in particular) the authors,
printers and publishers of such obscene or seditious libels,
as were particularly specified in the warrant. When those
acts expired in 1694, the same practice was inadvertently
continued, in every reign and under every administration,
except the four last years of queen Anne, down to the year
1763: when such a warrant being issued to apprehend the
authors, printers and publishers of a certain seditious libel,
its validity was disputed; and the warrant was adjudged by
the whole court of king's bench to be void, in the case of
Money v. Leach. Trin. 5 Ceo. III. FR. After which the issuing
of such general warrants was declared illegal by a vote of
the house of commons." 4 William Blackstone, Commentar
ies on the Laws ofEngland 288 n.i (1769).
2. A warrant giving a law-enforcement officer broad
authority to search and seize unspecified places or
persons; a search or arrest warrant that lacks a suf
ficiently particularized description of the person
or thing to be seized or the place to be searched .
General warrants are unconstitutional because they
fail to meet the Fourth Amendment's specificity
requirements.
"But though there are precedents of general warrants to
search all suspected places for stolen goods, these are
not at common law legal, because it would be extremely
dangerous to leave it to the discretion of a common officer
to arrest what person, or search what houses he thinks fit.
And in the great case of Money v. Leach, it was declared
by Lord Mansfield, that a warrant to search for, and secure
the person and papers of the author, printer and publisher
of a libel, is not only illegal in itself, but is so improper on
the face of it, that it will afford no justification to an officer
acting under its sanction. And by two resolutions of the
House of Commons such general warrants were declared
to be invalid." 1Joseph Chitty, A Practical Treatise on the
Criminal Law66 (2d ed. 1826).
John Doe warrant. (1900) A warrant for the arrest of
a person whose name is unknown. A John Doe
warrant may be issued, for example, for a person warrant is permitted in a few states, but not in federal
practice.
justice's warrant. See peace warrant.
landlord's warrant. (1824) A type of distress warrant
from a landlord to seize the tenant's goods, to sell
them at public sale, and to compel the tenant to pay
rent or observe some other lease stipulation. See
DISTRAIN; DISTRESS.
no-knock search warrant. See SEARCH WARRANT.
outstanding warrant. (1899) An unexecuted arrest
warrant.
peace warrant. (18c) A warrant issued by a justice of
the peace for the arrest ofa specified person. -Also
termed justice's warrant.
possessory warrant. (1850) A process, similar to a
search warrant, used under certain circumstances by
a plaintiff to search for and recover property wrong
fully taken or held by another.
preliminary warrant. (1859) A warrant to bring a
person to court for a preliminary hearing on probable
cause.
probation-violation warrant. See violation warrant.
rendition warrant. (1881) A warrant requesting the
extradition of a fugitive from one jurisdiction to
another. Cf. extradition warrant. [Cases: Extradition
and Detainers C=:> 16,36.]
search warrant. See SEARCH WARRANT.
surreptitious-entry warrant. (1985) A warrant autho
rizing a law officer to enter and observe an ongoing
criminal operation (such as an illegal drug lab).
tax warrant. (lSc) An official process issued for col
lecting unpaid taxes and under which property may
be seized and sold.
valid warrant. A warrant that is regular in form and
is issued by a court, body, or official having both the
authority to issue the warrant for the purpose stated
and jurisdiction over the person named, all the requi
site proceedings for its proper issuance having taken
place. [Cases: Searches and Seizures 101.]
violation warrant. A warrant issued for the arrest
of a convict who has violated the terms of proba
tion, parole, or supervised release. Also termed
(narrowly) probation-violation warrant. [Cases:
Pardon and Parole C=:>Sl; Sentencing and Punish
ment C::;,20l2.]
warr


Pardon and Parole C=:>Sl; Sentencing and Punish
ment C::;,20l2.]
warrant ofarrest. See arrest warrant.
warrant ofcommitment. A warrant committing a
person to custody. --Also termed commitment
warrant.
warrant upon indictment or information. (1903) An
arrest warrant issued at the request of the prosecutor
for a defendant named in an indictment or informa
tion. Fed. R. Crim. P. 9.

1724 warrant
2. A document conferring authority, esp. to payor
receive money.
deposit warrant. A warehouse receipt used as security
for aloan.
dock warrant. See DOCK RECEIPT.
interest warrant. 1. An order by a corporation direct
ing a bank to pay the interest due on a note, bond, or
other debt to a corporate creditor. 2. A document by
which a creditor, usu. a company, asks an insurer to
pay all the interest due on the insurer's notes, bonds,
or other debts held by the creditor.
municipal warrant. An order to draw money from a
municipality's treasury for the payment ofthe munic
ipality's expenses or debts. [Cases: Municipal Corpo
rations <>895.]
tax-anticipation warrant. A warrant that is issued
to raise public money and that is payable out of tax
receipts when collected.
treasury warrant. An order in the form of a check on
which government disbursements are paid. [Cases:
United States <>87.]
3. An order by which a drawer authorizes someone to
pay a particular sum ofmoney to another. [Cases: Bills
and Notes <>1.]
county warrant. A warrant drawn by a county official,
directing the county treasurer to pay a sum ofmoney
out ofcounty funds to bearer, to a named individual,
or to the named individual's order. [Cases: Counties
<>163.]
4. Securities. An instrument granting the holder a long
term (usu. a five- to ten-year) option to buy shares at
a fixed price. -It is commonly attached to preferred
stocks Of bonds. Also termed stock warrant; sub
scription warrant. [Cases: Corporations <>72.]
warrant, vb. (14) 1. To guarantee the security of (realty
or personalty, or a person) <the store warranted the
safety ofthe customer's jewelry>. 2. To give warranty of
(title); to give warranty oftitle to (a person) <the seller
warrants the property's title to the buyer>. [Cases: Cov
enants <>45,67.] 3. To promise or guarantee <warrant
payment>.
"Even today lawyers use the verb 'to warrant' meaning to
promise without necessarily indicating that the promise
is a warranty." P.S. Atiyah, An Introduction to the Law of
Contract 145 n.1 (3d ed. 1981).
4. To justify <the conduct warrants a presumption of
negligence>. 5. To authorize <the manager warranted
the search of the premises>.
warrant arrest. See lawful arrest under ARREST.
Warrant Clause. (1962) The clause ofthe Fourth Amend
ment to the U.S. Constitution requiring that warrants
be issued only on probable cause. [Cases: Arrest
63.1; Searches and Seizures (~23, 24.]
warrant creditor. See CREDITOR.
warranted arrest. See ARREST.
warranted search. See SEARCH. warrantee (wor-;:>n-tee or wahr-). A person to whom a
warranty is given; esp., a person who receives a written
warranty. -The term also sometimes applies to the
beneficiary ofan implied warranty.
warrantia chartae. See DE WARRANTIA CHARTAE.
warrantia custodiae (w;:>-ran-shee-.:l k.:l-stoh-dee-ee), n.
[Law Latin] LUst. A writ for a purchaser ofland held in
knight's service against the seller (and heirs), who had
warranted that the land was free of wardship when a
wardship was later claimed.
warrantia diei. See DE WARRANTIA DIEL
warrantizare (wor-.:ln-t.:l-zair-ee), vb. [Law Latin] Hist.
To warrant by covenant (in a deed of conveyance)
to defend the grantee's title and possession. Also
spelled warantizare.
warrantless arrest. See ARREST.
warrantless search. See SEARCH.
warrant ofarrest. See arrest warrant under WARRANT
(1).
warrant of attorney. 1. POWER OF ATTORNEY (1). 2.
Archaic. Written authority given by a client to a lawyer
to appear in court and to confess judgment in favor of
a specified party. -It usu. instructed the attorney not
to bring any action, seek a writ of error, or file a bill
in equity that might delay the judgment. The warrant
was typically given as security for an obligation on
which judgment was authorized. Cf. CONFESSION OF
JUDGMENT; COGNOVIT. [Cases: Federal Civil Procedure
<>2396; Judgment <>43.1
"A warrant of attorney was not required to be under seal,
though it generally was so. In order to guard against any
imposition in procuring debtors to execute warrants of
attorney or cognovits in ignorance of the effect of such
instruments, it is provided that a warrant of attorney to
confess judgment in any personal action, or cognovit
actionem, given by any person, shall not be of any force,
unless there is present some attorney of one of the superior
courts on behalf of such person, expressly named by him
and attending at his request, to inform him of the nature
and effect of such warrant or cognovit, before the same
is executed ...." Joshua Williams, Principles of the Law of
Personal PFoperty 125 (11th ed, 1881).
warrant of commitment. See WARRANT (1).
warrant of confession. See CONFESSION OF JUDGMENT.
warrant officer. 1. OFFICER (2). 2. SERGEANT-AT-ARMS
(4).
warrantor (wor-;m-tor or -t<lf orwahr-). (15c) A person
who gives a written warranty or becomes obligated
under an implied warranty. See 15 USCA  2301(5).
warrant recall, n. A procedure for removing from
government computers information about canceled
warrants in order to avoid repeated or mistaken
arrests.
warrant to sue and defend. Hist. 1. Written authority
given by a client to a lawyer to authorize commence
ment or defense ofa lawsuit. 2. A special warrant from
the Crown authorizing a party to appoint an attorney
to sue or defend on the party's behalf.

warrant upon indictment or information. See WARRANT
(1).
warranty (wor-;}n-tee or wahr-), n. (l4c) 1. Property. A
covenant by which the grantor in a deed promises to
secure to the grantee the estate conveyed in the deed,
and pledges to compensate the grantee ifthe grantee is
evicted by someone having better title . The covenant
is binding on the grantor's heirs. Historically, a war
rantor was expected to turn over land. But cash com
pensation could be substituted. See COVENANT (4). Cf.
quitclaim deed under DEED. [Cases: Covenants C:::J45,
67.]
collateral warranty. (l6c) A warranty that is made by a
stranger to the title, and that consequently runs only
to the covenantee and not with the land. [Cases: Cov
enants (;::::J45, 67.]
general warranty. (17c) A warranty against the claims
ofall persons. [Cases: Covenants (;::::J47, 67.]
lineal warranty. Hist. A warranty existing when an heir
derives title to land from the warrantor; a warranty
from the same ancestor as the one from whom the
land derived.
special warranty. (17c) A warranty against any person's
claim made by, through, or under the grantor or the
grantor's heirs. [Cases: Covenants (;::::J48, 67.]
2. Contracts. An express or implied promise that some
thing in furtherance of the contract is guaranteed by
one of the contracting parties; esp., a seller's promise
that the thing being sold is as represented or promised.
 Although a court may treat a misrepresentation as an
implied warranty, in general a warranty differs from a
representation in four principal ways: (1) a warranty
is conclusively presumed to be material, while the
burden is on the party claiming breach to show that
a representation is material; (2) a warranty must be
strictly complied with, while substantial truth is the
only requirement for a representation; (3) a warranty
is an essential part ofa contract, while a representation
is usu. only a collateral inducement; and (4) an express
warranty is usu. written on the face of the contract,
while a representation may be written or oral. Cf. CON
DITIoN (2), (3); GUARANTEE (1). [Cases; Contracts
205.5; Sales (;::::J246-288.5.]
"[Tlwo points must be borne in mind. In the first place, the
words 'condition' and 'warranty' are not invariably kept as
distinct as accuracy of definition demands; and in insur
ance law especially 'warranty' is very commonly used in the
sense ascribed to 'condition' .... In the second place, the
injured party, if he chooses to waive his right to repudiate
the contract on breach of a condition, may still bring an
action for such damages as he has sustained." William R.
Anson, Principles of the Law of Contract 223 (Arthur L.
Corbin ed., 3d Am. ed. 1919).
"The terms 'warranty' and 'condition' are generally used
interchangeably, for all practical purposes, and they
refer to representations or promises by the insureds,
incorporated into the contract itself, on the truthfulness
or fulfillment of which it is agreed that the rights of the
insured shall depend. The primary differences between a
mere representation and a warranty or condition are (1)
while the insurer has the burden of proving the material
ity of a misrepresentation before it will be grounds for avoidance, the materiality of a warranty or condition is
conclusively presumed; and (2) while a representation will
not be grounds for avoidance as long as it is substantially
true. a warranty or condition must be strictly complied
with in order to preclude avoidance. As with the majority
view in representations, good or bad faith on the part of
the insured is irrelevant." John F. Dobbyn, Insurance Law
in a Nutshell 201 (3d ed. 1996).
as-is warranty. (1976) A warranty that goods are sold
with all existing faults. See AS IS. [Cases: Sales
267.]
construction warranty. (1968) A warranty from the
seller or bUilding contractor of a new home that
the home is free of structural, electrical, plumbing,
and other defects and is fit for its intended purpose.
[Cases; Contracts (;::::J205.35(2).]
deceptive warranty. (1975) A warranty containing false
or fraudulent representations or promises. [Cases:
Antitrust and Trade Regulation (;::::J204.]
express warranty. (l7c) A warranty created by the overt
words or actions of the seller . Under the UCC, an
express warranty is created by any of the following:
(1) an affirmation offact or promise made by the seller
to the buyer relating to the goods that becomes the
basis of the bargain; (2) a description of the goods
that becomes part of the basis of the bargain; or (3) a
sample or model made part of the basis ofthe bargain.
UCC  2-313. [Cases; Contracts (;::::J20S.1O; Sales (;::::J
259.]
"An express warranty arises from the contract itself, from
the 'dickered' aspects of the individual bargain. Any affir
mation or promise relating to the goods, any description of
the goods, and any sample or model of the goods becomes
an express warranty if it is 'part ofthe basis of the bargain.'"
1 Julian B. McDonnell & Elizabeth J. Coleman, Commercial
and Consumer Warrantien 1.02[11, at 17 (1991).
extended warranty. (1936) An additional warranty
often sold with the purchase ofconsumer goods (such
as appliances and motor vehicles) to cover repair costs
not otherwise covered by a manufacturer's standard
warranty, by extending either the standard-warranty
coverage period or the range of defects covered.
Also termed extended service warranty; extended
service contract. [Cases: Sales (;::::J279.]
full warranty. A warranty that fully covers labor and
materials for repairs . Under federal law, the war
rantor must remedy the consumer product within
a reasonable time and without charge after notice of
a defect or malfunction. 15 USCA  2304. See MAG
NUSON-MOSS WARRANTY ACT. Cf. limited warranty.
[Cases: Antitrust and Trade Regulation C=204.]
implied warranty. (18c) An obligation imposed by
the law when there has been no representation or
promise; esp., a warranty arising by operation oflaw
because ofthe circumstances ofa sale, rather than by
the seller's express promise. [Cases: Contracts (,=.
205.15; Sales (',--J 262.5.]
implied warranty offit


,=.
205.15; Sales (',--J 262.5.]
implied warranty offitness for a particular purpose.
(1923) A warranty implied by law if the seller has
reason to know ofthe buyer's special purposes for the

item that the item is suitable for those purposes.
Sometimes shortened to warranty offitness. [Cases:
Contracts C:=-20S.1S(3); Sales C:=-273(I).]
"Those unfamiliar with the differences between the
warranty of merchantability (fitness for the ordinary
purposes for which such goods are used) and the warranty
of fitness for a particular purpose often confuse the two;
one can find many opinions in which the judges used
the terms 'merchantability' and 'fitness for a particular
purpose' interchangeably. Such confusion under the Code
is inexcusable." 1 James j. White & Robert S. Summers,
Uniform Commercial Code  910, at 527 (4th ed. 1995).
implied warranty ofhabitability. (1900) In a residen
tiallease, a warranty from the landlord to the tenant
that the leased property is fit to live in and that it will
remain so during the term ofthe lease. -Also termed
covenant ofhabitability. -Ihis warranty usu. applies
to residential property, but a few courts, esp. in Utah,
have applied it to commercial property as well. [Cases:
Landlord and Tenant (;;:>125(1).]
implied warranty of merchantability. (1896) A
merchant seller's warranty implied by law
that the thing sold is fit for its ordinary purposes. _
Under the UCc, an implied warranty of merchant
ability arises whenever a merchant sells goods unless
the agreement expressly provides otherwise. UCC
2-314. -Sometimes shortened to warranty ofmer
chantability. [Cases: Contracts C:=-205.15(3); Sales
C:=-272.]
"The implied warranty of merchantability attaches when
the seller is a merchant with respect to the goods involved
in the exchange. Accordingly, the product must meet
certain standards; it must pass without objection in the
trade under the contract description and it must be fit for
the ordinary purposes for which such goods are used. The
concepts of marketability, operability, and repairability
have emerged as varying criteria for merchantable goods."
1Julian B. McDonnell & ElizabethJ. Coleman, Commercial
and Consumer Warranties 1 1.02[1], at 17 (1991).
limited warranty. (1871) A warranty that does not
fully cover labor and materials for repairs. _ Under
federal law, a limited warranty must be clearly labeled
as such on the face of the warranty. See MAGNUSON
MOSS WARRANTY ACT. Cf.full warranty. [Cases: Sales
C:=-279.]
personal warranty. (18c) A warranty arising from an
obligation to pay all or part ofthe debt of another.
presentment warranty. (1965) An implied promise
concerning the title and credibility ofan instrument,
made to a payor or acceptor upon presentment ofthe
instrument for payment or acceptance. UCC  3-417,
3-418. [Cases: Banks and Banking C:=-149, 174; Bills
and Notes (,~296, 326.]
transfer warranty. (1964) 1. An implied promise
concerning the title and credibility of an instru
ment, made by a transferor to a transferee and, ifthe
transfer is by indorsement, to remote transferees.
UCC  3-417, 4-207. [Cases: Banks and Banking C:=
149, 174; Bills and Notes 326.] 2. A warranty
made by a transferee of a document of title upon a
transfer of the document for value to the immediate
transferee. UCC  7-507. [Cases: Carriers C:;;)S8.] warranty ab initio (ab i-nish-ee-oh). (12006) An inde
pendent subSidiary promise whose breach does not
discharge the contract, but gives to the injured party
a right of action for the damage sustained as a result
of the breach. _ Ab initio means that the warranty
existed from the contract's inception. Cf. warranty ex
post facto. [Cases: Contracts (>:;::;318; Sales C:=-282.]
warranty against infringement. A merchant's warranty
that the goods being sold or licensed do not violate
any patent, copyright, trademark, or other intellec
tual-property claim. -The warranty does not arise
if the buyer provides the seller with the specifica
tions for the goods purchased. Under  2-312(3) of
the Uniform Commercial Code, the warranty against
infringement is a part of the warranty of title unless
it is explicitly disclaimed.
warranty ex post facto (eks pohst fak-toh). (1961) A
broken condition for which the injured party could
void the contract, but decides instead to continue the
contract, with a right ofaction for the broken condi
tion (which amounts to a breached warranty). -The
warranty is expost facto because it was not originally
part of the contract. It arises only after the injured
party elects to continue the contract, thereby reducing
the broken condition to a breached warranty. See
CONDITION (2). Cf. warranty ab initio. [Cases: Con
tracts Sales C:=-282.]
warranty ofactual title. See warranty oftitle.
warranty ofassignment. (18c) An assignor's implied
warranty that he or she (1) has the rights assigned,
(2) will do nothing to interfere with those rights, and
(3) knows of nothing that impairs the value of the
assignment. [Cases: Assignments 0:',;:>97.]
warranty ofauthorship. Copyright. An author's con
tractual warranty that the work is an original work
by that author. [Cases: Copyrights and Intellectual
Property C:=-49.]
warranty offitness. See implied warranty offitness for
a particular purpose.
warranty ofmerchantability. See implied warranty of _
merchantability.
warranty oftitle. (18c) A warranty that the seller or
assignor of property has title to that property, that
the transfer is rightful, and that there are no liens or
other encumbrances beyond those that the buyer or
assignee is aware ofat the time ofcontracting. -This
warranty arises automatically whenever anyone sells
goods. Also termed warranty ofactual title. [Cases:
Covenants C:=-38-48, 62-67; Sales
written 	 warranty. (1807) A warranty made in
writing; specif., any written affirmation or promise
by a supplier of a consumer product to a buyer (for
purposes other than resale), forming the basis of the
bargain and providing that the material or workman
ship is free of defects or will be repaired or replaced
free ofcharge ifthe product fails to meet the required
specifications. 15 USCA  2301. [Cases: Sales C:=
260.]

1727
Y2K warranty. See Y2K WARRANTY.
3. Insurance. A pledge or stipulation by the insured
that the facts relating to the person insured, the thing
insured, or the risk insured are as stated. [Cases: Insur
ance C::::;;2967, 3036.]
affirmative warranty. A warranty -express or
implied that facts are as stated at the beginning of
the policy period . An affirmative warranty is usu. a
condition precedent to the policy taking effect. [Cases:
Insurance C::::;;2967.]
executory warranty. A warranty that arises when
an insured undertakes to perform some executory
stipulation, such as a promise that certain acts will
be done or that certain facts will continue to exist.
[Cases: Insurance (;:::::c 3036.]
promissory warranty. A warranty that facts will
continue to be as stated throughout the policy period,
such that a failure of the warranty provides the insurer
with a defense to a claim under the poHcy. Also
termed continuing warranty. [Cases: Insurance
3036.]
warranty clause. 1. A contractual clause containing
a warranty. 2. Oil & gas. A provision in an oil-and
gas lease by which the lessor guarantees that title is
without defect and agrees to defend it. -Ifthe warranty
is breached, the lessor may be held Hable to the lessee to
the extent that the lessor has received payments under
the lease. Presence ofa warranty in an oil-and-gas lease
may also cause after-acquired interests to pass from
the lessor to the lessee by application of estoppel by
deed. [Cases: Estoppel (;:::::c,23; Mines and Minerals (;:::::c
73.1(5).]
warranty deed. See DEED.
warren (wor-;m orwahr-,m). 1. A place for the preserva
tion of certain wildlife (such as pheasants, partridges,
or rabbits). 2. A privilege to keep wildlife or game in a
warren. 3. The area to which the privilege extends.
free warren. A warren privilege giving the grantee the
sole right to kill the wildlife to the extent ofthe grant
ee,s warren area. -Also termed libera warrena.
"Free warren is a ... franchise, erected for preservation
or custody ... of beasts and fowls of warren; wh ich being
ferae naturae, everyone had a right to kill as he could; but
upon the introduction of the forest laws ... these animals
being looked upon as royal game and the sole property
of our savage monarchs, this franchise of free warren was
invented to protect them; by giving the grantee a sole and
exclusive power of killing such game ... on condition of
his preventing other persons. A man therefore that has
the franchise of warren is in reality no more than a royal
gamekeeper; but no man, not even a lord of a manor, could
by common law justify sporting on another's soil, or even
on his own, unless he had the liberty of free warren." 2
William Blackstone, Commentaries on the Laws ofEngland
38-39 (1766).
war-risk insurance. See INSURANCE.
Warsaw Convention. Int'llaw. A treaty (to which the
United States is a party) negotiated in Warsaw, Poland,
in 1929, consisting of uniform rules governing claims waste
air travel. Cf. MONTREAL AGREEMENT. Carriers
~J307; Treaties
"Under the [Warsaw] Convention ... air carriers are abso
lutely liable up to a preset monetary ceiling for any aCCident
in which a passenger suffers bodily injury or death, as
long as the accident took place on board the aircraft or
in the process of any of the operations of embarking or
disembarking. The Convention limits the liability of the
carrier for each passenger to the sum of 125,000 francs,
unless the carrier and passenger by special contract agree
to a higher limit of liability, or unless it can be established
that the carrier has been guilty of 'willful misconduct.' The
Convention contains a two-year time limitation for bringing
suit, and also absolves the carrier from liability upon a
showing of due care on its part." 8A Am. Jur. 2d Aviation
 149, at 160~61 (1997).
warship. Int'llaw. A ship commissioned by a nation's
military, operating with a military command and crew
and displaying the nation's flag or other external marks
indicating its country oforigin. _ Under international
maritime laws, warships are not subject to many of
the safety and environmental regulations that apply to
shipping vessels and passenger ships.
warth. See WARDPENNY.
warwit. See WARDWIT.
war zone. Int'llaw. A designated area, on land or at sea,
within which the rights of neutral countries are not
respected by belligerent countries. [Cases: War and
National Emergency
wash, n. 1. A situation in which two effects offset each
other. For example, if an event produces gross
income and also a deduction in the same amount so
that taxable income is unchanged, the event creates a
wash. 2. The shallow part ofa river or the arm of a sea;
the sand, rocks, and gravel washed down by a mountain
stream and deposited on levelland near the mouth of
a canyon.
wash sale. See SALE.
wash transaction. See wash sale under SALE.
waste, n. (ISc) 1. Permanent harm to real property com
mitted by a tenant (for life or for years) to the prejudice
ofthe heir, the reversioner, or the remainderman. -In
the law of mortgages, any of the follOWing acts by the
mortgagor may constitute waste: (1) physical damage,
whether intentional or negligent, (2) failure to maintain
and repair, except for repair of casualty damage or
damage caused by third-party acts, (3) failure to pay
property taxes or governmental assessments secured
by a lien having priority over the mortgage, so that the
payments become delinquent, (4) the material failure to
comply with mortgage covenants concerning physical
care, maintenance, construction, demolition, or
casualty insurance, or (5) keeping the rents to which the
mortgagee has the right ofpossession. -Also termed
devastation; vastum. [Cases: Waste 1.J
''The old action of waste was a mixed action, being founded
in part on the statute of Gloucester (A.D. 1278), which
provided that 'he which shall be attainted of waste shall
lose the thing wasted, and moreover shall recompense
thrice as much


that 'he which shall be attainted of waste shall
lose the thing wasted, and moreover shall recompense
thrice as much as the waste shall be taxed at.' The action
was to recover the land in which waste had been done
made for personal injuries arising out of international i and the treble damages. The statute of Gloucester was

waste book 1728
imported into this country, but many variant statutes now
regulate the subject." Edwin E. Bryant, The Law ofPleading
Under the Codes ofCivil Procedure 13 (2d ed. 1899).
active waste. See commissive waste.
affirmative waste. See commissive waste.
ameliorating waste (d-meel-Yd-ray-ting). (1927) A
lessee's unauthorized change to the physical charac
ter of a lessor's property -technically constituting
waste, but in fact resulting in improvement of the
property . Generally, equity will not enjoin such
waste. Also termed ameliorative waste.
commissive waste (k<l-mis-iv). (1868) Waste caused
by the affirmative acts of the tenant. -Also termed
active waste; affirmative waste; voluntary waste.
[Cases: Landlord and Tenant (::::)55(2).J
double waste. Hist. The destruction occurring when
a tenant having a duty to repair allows a house to
deteriorate, and then unlawfully cuts down timber
to repair it.
economic waste. See ECONOMIC WASTE.
equitable waste. (1842) Waste that abuses a privilege of
nonimpeachability at common law, for which equity
will restrain the commission of willful, destructive,
malicious, or extravagant waste; esp., waste caused by
a life tenant who, although ordinarily not responsible
for permissive waste, flagrantly damages or destroys
the property. [Cases: Waste (::::)4.]
"A life tenant with the benefit of an express exemption from
liability for voluntary waste will nevertheless be restrained
in equity from committing acts of flagrant destruction to
the premises; hence the (seemingly paradoxical) term,
'equitable waste'. A life tenant who has engaged in, or
who threatens to engage in, reprehensible acts of voluntary
waste will not be permitted unconscientiously to shield
behind his legal right to commit waste to the detriment of
those next entitled to enjoyment of the property, for this
would be to abuse the legal right." Peter Butt, Land Law
114-15 (2d ed. 1988).
permissive waste. (l7c) A tenant's failure to make
normal repairs to property so as to protect it from
substantial deterioration. [Cases: Waste C=>3.]
voluntary waste. (16c) Waste resulting from some
positive act of destruction. See commissive waste.
[Cases: Waste
"Voluntary waste. This involves some positive act of injury
to the property, diminishing its value for the person next
in succession; it is a deliberate and active change to the
property. Examples are altering the character of premises
by demolishing internal walls and fittings or opening and
working a mine on the land (but not working a mine already
opened, for the pre-existence of the mine shows an inten
tion on the part of the grantor that the profits from the
mine are to be enjoyed by the life tenant). A life tenant is
liable for voluntary waste, unless the instrument confer
ring the interest expressly exempts liability for voluntary
waste." Peter Butt, Land Law 114 (2d ed. 1988).
2. Refuse or superfluous material, esp. that remain
ing after a manufacturing or chemical process <toxic
waste>.
hazardous waste. (1974) Waste that because of its
quantity, concentration, or physical, chemical, or infectious characteristics may cause or signifi
cantly contribute to an increase in mortality or oth
erwise harm human health or the environment. 42
USCA  6903(5). Also termed hazardous substance.
[Cases: Environmental Law C=>427.J
toxic waste. (1964) Hazardous, poisonous substances,
such as dichlorodiphenyltrichloroethane (DDT) .
Most states regulate the handling and disposing of
toxic waste, and several federal statutes (such as the
Comprehensive Environmental Response Compensa
tion and Liability Act of 1980 (CERCLA), 42 USCA
 9601-9657) regulate the use, transportation, and
disposal of toxic waste. [Cases: Environmental Law
C=>427.]
waste book. A merchant's book for making rough entries
of transactions before posting them into a journaL
Also termed blotter.
wasted vote. See VOTE (1).
wastewater. See WATER.
wasting asset. See ASSET.
wasting property. See PROPERTY.
wasting trust. See TRUST.
wastor, n. Hist. A type of thief, classified in a statute of
Edward III with marauding vagabonds and burglars
who entered premises by lifting door latches. 5 Edw.
3, ch. 14.
watch, n. Maritime law. 1. A division of a ship's crew
<port or starboard watch>. [Cases: Collision C=>77,
81,99.] 2. The division ofthe day into time periods of
service by officers and the crew <four-hour watch>.
watch, vb. Hist. To stand guard during the night.
watch and ward, n. Hist. A feudal duty that some tenants
had to keep guard through continuous vigilance . The
phrase denotes keeping guard by night (watch) and by
day (ward). -Also termed watching and warding.
water. 1. The transparent liquid that is a chemical
compound of hydrogen and oxygen (HP). 2. A body
of this liquid, as in a stream, river, lake, or ocean.
backwater. Water in a stream that, because of a dam
or obstruction, cannot flow forward and sometimes
flows back. [Cases: Waters and Water Courses
53,159-175.]
coast water. Tidewater navigable by an ocean vessel;
all water opening directly or indirectly into the
ocean and navigable by a vessel coming in from the
ocean. Also termed coastal water.
developed water. Water brought to the surface and
made available for use by the party claiming the water
rights.
diffused surface water. Water, such as rainfall runoff,
that collects and flows on the ground but does not
form a watercourse . Surface water is usu. subject to
different regulations from water flowing in a water
course. -Often shortened to surface water. See
COMMON-ENEMY DOCTRINE; WATERCOURSE. [Cases:
Waters and Water Courses ~115.]

1729 watered stock
excess water. Water that is flowing in a stream in
addition to what may be termed adjudicated waters;
any water not needed for the reasonable beneficial
uses of those having priority rights. Also termed
surplus water.
floodwater. Water that escapes from a watercourse in
large volumes and flows over adjoining property in
no regular channel.
foreign water. Water belonging to another nation or
subject to another jurisdiction.
groundwater. Water found in layers ofpermeable rock
or soil.
inland waters. See INTERNAL WATERS.
internal waters. See INTERNAL WATERS.
navigable water. See NAVIGABLE WATER.
navigable water ofthe United States. See NAVIGABLE
WATER.
percolating water. Water that oozes or seeps through
the soil without a defined channel (such as rainwa
ter or other water that has lost its status as part of
a stream) . Percolating water usu. constitutes part
of the land on which it is found. [Cases: Waters and
Water Courses C:::> 101.]
posted water. (usu. pl.) A body of water that is reserved
for the exclusive use of the person who owns the land
surrounding it.  The owner secures the exclusive use
by posting a notice prohibiting others from using the
water.
private water. Nonnavigable water owned and con
trolled by one or more individuals and not subject to
public use . Ifa body of water is small and oflittle
or no practical value for general public use, it is con
sidered private.
public water. Water adapted for purposes ofnavigation
or public access.
subterranean water. Water that lies or flows beneath
the earth's surface and that is not artificially confined.
[Cases: Waters and Water Courses C:::>99.]
surface water. 1. Water lying on the surface of the
earth but not forming part of a watercourse or lake.
 Surface water most commonly derives from rain,
springs, or melting snow. [Cases: Waters and Water
Courses C=~115.] 2. See diffused surface water.
surplus water. 1. Water running off irrigated ground;
water not consumed by the irrigation process. 2. See
excess water.
territorial waters. The waters under a state's or nation's
jurisdiction, including both inland waters and sur
rounding sea (traditionally within three miles of the
coastline). Also termed territorial sea; marine belt;
maritime belt.
tidewater. See TIDEWATER.
wastewater. 1. Water that escapes from the canals,
ditches, or other receptacles of the lawful claimant;
water that is not used by the appropriator and is permitted to run off the appropriator's property. 2.
Water that is left over, esp. after a chemical or manu
facturing process.
water bayley (bay-lee). Rist. An officer (mentioned in
the colony laws of New Plymouth in A.D. 1671) who
primarily collects dues for fish taken out of the colony's
waters.
waterboarding. A form of torture in which water is
poured over the face of a supine, immobilized victim
whose head is pulled back so that the victim cannot
avoid inhaling water, and thus experiences the sensa
tion of drowning . In some variations, fabric or plastic
may be draped over the victim's face or the victim may
be gagged before the water is poured. See TORTURE.
watercourse. (16c) A body of water, usu. of natural
origin, flowing in a reasonably definite channel with
bed and banks . The term includes not iust rivers and
creeks, but also springs, lakes, and ma;shes in which
such flowing streams originate or through which they
flow. -Also termed waterway. [Cases: Waters and
Water Courses C:::>38.]
"Once water joins a watercourse it becomes subject to state
control; in appropriation states it becomes available for
appropriation to private uses according to state law ....
[Aj watercourse could be defined to include not only rivers
and lakes, but every tiny brook flowing into them, all the
gullies through which water flows to the brooks, the
snowpack and rainfall that feed them, and the evaporat
ing or transpiring water in the process of forming clouds.
But we need not require scientists to trace water to such
remote sources because it would be beyond the ability of
governments to regulate these sources. Legal definitions
are intended to define a point beyond which a state does
not regulate water use. Usually that point is when water is
not in a 'natural stream'." David H. Getches, Water Law in
a Nutshelll06~107 (3d ed. 1997).
ancient watercourse. A watercourse in a channel that
has existed from time immemorial.
artificial watercourse. A man-made watercourse, usu.
to be used only temporarily . If the watercourse is
of a permanent character and has been maintained
for a sufficient length of time, it may be considered
a natural watercourse to which riparian rights can
attach. [Cases: Waters and Water Courses e:-~168.]
"An artificial waterway or stream may. under some cir
cumstances, have the characteristics and incidents of a
natural watercourse. In determining the question, three
things seem generally to be taken into conSideration by
the courts: (1) whether the way or stream is temporary
or permanent: (2) the circumstances under which it was
created; and (3) the mode in which it has been used and
enjoyed." 78 Am. Jur. 2d Waters  196, at 644 (1975).
natural watercourse. A watercourse with its origin in
the forces of nature. A natural watercourse does
not include surface water, which often flows inter
mittently and in an indefinite channel. In addition,
a natural stream is distingUished from an artificial
ditch or canal, which is typically not the subject of
riparian rights. See RIPARIAN RIGHTS; WATER. [Cases:
Waters and Water Courses ~)38.]
water district. See DISTRICT.
watered stock. See STOCK.

waterfront
waterfront, n. Land or land with buildings fronting a
body of water.
watergage, n. 1. A seawalL 2. An instrument used to
measure the height ofwater.
watergavel, n. Hist. A fee paid for a benefit (such as
fishing) obtained from a body of water.
watermark. 1. A mark indicating the highest or lowest
pOint to which water rises or falls.
high-water mark. 1. 1he shoreline ofa sea reached by
the water at high tide . The high-water mark is usu.
computed as a mean or average high tide and not as
the extreme height of the water. 2. In a freshwater
lake created by a dam in an unnaVigable stream, the
highest point on the shore to which the dam can raise
the water in ordinary circumstances. 3. In a river not
subject to tides, the line that the river impresses on the
soil by covering it long enough to deprive it of agricul
tural value. -Also termed high-water line.
low-water mark. 1. The shoreline ofa sea marking the
edge of the water at the lowest point of the ordinary
ebb tide. 2. In a river, the point to which the water
recedes at its lowest stage.
2. The transparent design or symbol seen when paper is
held up to the light, usu. to indicate the genuineness of
the document or the document's manufacturer.
water ordeal. See ordeal by water under ORDEAL.
waterpower. 1. The force obtained by converting water
into energy. 2. The rip


al by water under ORDEAL.
waterpower. 1. The force obtained by converting water
into energy. 2. The riparian owner's right consisting
ofthe fall in the stream as it passes over or through
the riparian owner's land; the difference of the level
between the surface where the stream first touches one's
land and the surface where the water leaves the land.
[Cases: Waters and Water Courses
water right. (often pl.) (18c) The right to use water from
a natural stream or from an artificial canal for irri
gation, power, domestic use, and the like; RIPARIAN
RIGHT. Also termed aquatic right. [Cases: Navigable
Waters Waters and Water Courses C=>40-47,
141, 168.]
waterscape, rI. (1842) An aqueduct or passage for water.
waterway. See WATERCOURSE.
waveson (wayv-san), n. Hist. Goods that float on the sea
after a shipwreck. Cf. FLOTSAM; JETSAM; LAGAN (1).
wax scot (wak skot), n. Hist. A duty on wax candles used
in churches, usu. paid twice a year. Also termed
cerage (seer-ij); ceratium (si-ray-shee-"m).
way. (bef. 12c) 1. A passage or path. 2. A right to travel
over another's property. See RIGHT-OF-WAY. [Cases:
Easements (;=, 1.]
private way. (17c) 1. The right to pass over another's
land. [Cases: Easements C=> 1.] 2. A way provided by
local authorities primarily to accommodate particu
lar individuals (usu. at the individual's expense) but
also for the public's passage. [Cases: Private Roads 1730
way ofnecessity. See implied easement under EASE
MENT.
waybill. Maritime law. A document acknowledging the
receipt ofgoods by a carrier or by the shipper's agent
and the contract for the transportation ofthose goods.
 Unlike a bill oflading, a waybill is not a document
of title and is nonnegotiable. Abbr. WE. Cf BILL OF
LADING. [Cases: ShippingG=106(1).J
air waybill. A waybill for goods shipped by air. Cf.
overseas bill oflading under BILL OF LADING. [Cases:
Carriers C=>51, 153.]
way-going crop. A grain crop, formerly sown by a tenant
during a tenancy (esp. in Pennsylvania), that did not
ripen until after expiration of the lease . In the absence
ofan express agreement to the contrary, the tenant was
entitled to the crop. [Cases: Landlord and Tenant C=>
139(2).]
way-leave, n. (lSc) 1. A right-of-way (usu. created by an
express grant) over or through land for the transporta
tion of minerals from a mine or quarry. 2. The royalty
paid for such a right.
waynagium (way-nay-jee-"m). See WAINAGE.
way of necessity. See implied easement under EASE
MENT.
ways-and-means committee. (1840) A legislative com
mittee that determines how money will be raised for
various governmental purposes. [Cases: United States
C=>23.]
WB. abbr. WAYBILL.
WC. abbr. WORKERS' COMPENSATION.
WCT. abbr. WIPO COPYRIGHT TREATY.
W.D. abbr. Western District, in reference to U.S. judicial
districts.
weak mark. See descriptive trademark under TRADE
MARK.
weak trademark. See descriptive trademark under
TRADEMARK.
wealreaf (weel-reef), n. Archaic. The robbery of a dead
person in a grave.
wealth. 1. A large quantity ofsomething. 2. The state of
haVing abundant financial resources; affluence.
wealth maximization. A situation resulting from a
change in the allocation of resources if the change
benefits the winner -I.e., the one who benefits from
the change more than it harms the loser . A situa
tion in which all possible wealth-maximizing changes
have occurred is described as Kaldor-Hicks efficient or
as beingpotentialiy Pareto superior. See PARETO OPTI
MALITY; PARETO SUPERIORITY.
weapon. (bef. 12c) An instrument used or deSigned to
be used to injure or kill someone. [Cases: Weapons C=>
4,8.]
concealed weapon. (1833) A weapon that is carried by a
person but that is not visible by ordinary observation.
[Cases: Weapons (..~10.]

1731
dangerous weapon. (17c) An object or device that,
because of the way it is used, is capable of causing
serious bodily injury. [Cases: Weapons
deadly weapon. (16c) Any firearm or other device,
instrument, material, or substance that, from the
manner in which it is used or is intended to be used, is
calculated or likely to produce death. -In some states,
the definition encompasses the likelihood of causing
either death or serious physical injury. Also termed
lethal weapon. Cf. DANGEROUS INSTRUMENTALITY.
[Cases: Assault and Battery
deadly weapon per se. (1872) A weapon that is deadly
in and of itself or would ordinarily result in death
by its use <a gun is a deadly weapon per se>. -Also
termed per se deadly weapon. [Cases: Assault and
Battery (;::::>56.]
lethal weapon. See deadly weapon.
nondeadly weapon. See LESS-LETHAL
nonlethal weapon. See LESS-LETHAL.
weapon ofmass destruction. (usu. pl.) A weapon that
is intended to kill human beings, without discrimi
nating between combatants and noncombatants,
on a massive scale. -Among the most frequently
cited examples are nuclear weapons and chemical
weapons. -Abbr. WMD.
wear, n. [fro Saxon were "a taking"] Hist. A dam made
ofstakes interlaced by twigs ofwillows that are placed
across a river to more easily accommodate the netting
offish. -Also termed weir.
wear and tear. (17c) Deterioration caused by ordinary
use; the depreciation ofproperty resulting from its rea
sonable use <the tenant is not liable for normal wear
and tear to the leased premises>. Also termed Jair
wear and tear; natural wear and tear. [Cases: Landlord
and Tenant <>=-55, 160.]
"'Fair wear' is the deterioration caused by the reasonable
use of the premises; 'fair tear' is the deterioration caused
by the ordinary operation of natural forces. A tenant's
repairing covenant commonly exempts the tenant from the
obligation to repair damage characterisable as 'fair wear
and tear' (sometimes called 'reasonable wear and tear').
In the absence of such an exempting provision, a covenant
to repair requires the repairing of damage characterisable
as fair wear and tear. Where a covenant to repair exempts
the tenant from liability for 'fair wear and tear'. he is not
responsible for deterioration or dilapidation caused by 'the
reasonable use of the house by the tenant and the ordinary
operation of natural forces.'" Peter Butt, Land Law 256 (2d
ed. 1988).
Webb-Pomerene Act. A federal law, originally enacted
in 1918, that provides a qualified exemption for an
export business against the prohibitions of the anti
trust laws. 15 USCA  61 et seq.
"The Webb-Pomerene Act was passed to aid and encourage
our manufacturers and producers to extend our foreign
trade. Congress believed that American firms needed
the power to form joint export associations in order to
compete with foreign cartels, but while Congress was
willing to create an exemption from the antitrust laws
to serve this narrow purpose, the exemption created by
the Webb-Pomerene Act was carefully hedged in to avoid
substantial injury to domestic interests. Organization Weingarten right
under the WebbPomerene Act does not give an export
association the right to agree with foreign competitors
to fix prices ... or establish exclusive markets ...." 54
Am. Jur. 2d Monopolies and Restraints of Trade  262, at
298 (1996).
website-user agreement. See POINT-AND-CLICK AGREE
MENT.
web-wrap agreement. See POINT-AND-CLICK AGREE
MENT.
wedding. See MARRIAGE CEREMONY.
wedge principle. (1951) The argument that relaxation
of a constitutionally imposed restraint under specific
circumstances may justify further relaxation in broader
circumstances. -This principle is most often raised
in the context of legalized human euthanasia. But it
has frequently been invoked in other contexts, such
as the right to protection from unreasonable search
and seizure. -Also termed slippery-sloped principle;
parade-oj-horrors objection.
"[Tlhere is the familiar argument from the 'wedge prin
ciple: which is used to deny the possibility of looking at
particular circumstances in applying moral rules." Glanville
Williams, The Sanctity of Life and the Criminal Law 315
(1957).
wedlock. The state ofbeing married; matrimony.
week. 1. A period of seven consecutive days beginning
on either Sunday or Monday. 2. Any consecutive seven
day period. [Cases: Time <>6.]
weekend sentence. See intermittent sentence under
SENTENCE.
week-work. Hist. In feudal times, the obligation of a
tenant to work two to four days in every week for his
lord during the greater part ofthe year, and four or five
during the summer months. See VILLEIN SERVICE.
wehading. See TRIAL BY COMBAT.
weighage (way-ij). A duty or other payment reqUired in
return for weighing merchandise.
weight. A measure ofheaviness; a measure ofthe quantity
ofmatter. [Cases: Weights and Measures (;::::>3.J
gross weight. The total weight of a thing, including its
contents and any packaging.
net weight. The total weight ofa thing, after deducting
its container, its wrapping, and any other extraneous
matter.- Also termed neat weight.
weighted vote. See VOTE (1).
weight ofthe evidence. (17c) The persuasiveness ofsome
evidence in comparison with other evidence <because
the verdict is against the great weight of the evidence, a
new trial should be granted>. See BURDEN OF PERSUA
SION. Cf. MANIFEST WEIGHT OF THE EVIDENCE; PRE
PONDERANCE OF THE EVIDENCE. [Cases: Criminal Law
(;:::;:>549; Evidence
Weingarten right. Labor law. A union member's right
to have a union representative present during an
employment meeting that the member reasonably
believes will result in disciplinary action. NLRB V. /.
Weingarten, Inc., 420 U.S. 251, 95 S.Ct. 959 (1975).

1732 weir
In July 2000, the NLRB extended Weingarten rights to
nonunion employees. [Cases: Labor and Employment
C=> 1469(1).]
weir. See WEAR.
wekhing. See WELSHING.
welfare. (14c) 1. Well-being in any respect; prosperity.
general welfare. (17c) The public's health, peace, morals,
and safety.
public welfare. (16c) A society's well-being in matters
of health, safety, order, morality, economics, and
politics.
2. A system of social insurance providing assistance
to those who are financially in need, as by providing
food stamps and family allowances. -Also termed
(historically) poor relief [Cases: Agriculture
Social Security and Public Welfare C=>4.]
corporate welfare. Governmental financial assis
tance given to a large company, usu. in the form of
a subsidy.
Welfare Clause. See GENERAL WELFARE CLAUSE.
welfare plan. See EMPLOYEE BENEFIT PLAN.
welfare state. (1894) A nation in which the government
undertakes various social insurance programs, such
as unemployment compensation, old-age pensions,
family allowances, food stamps, and aid to the blind
or deaf. -Also termed welfare-regulatory state.
well, adj. Marine insurance. (Of a vessel) in good condi
tion; safe and sound <the vessel was warranted well
on January 1>.
well, adv. (be 12c) In a legally sufficient manner; unob
jectionable <well-pleaded complaint>.
well, n. A hole or shaft sunk into the earth to obtain a
fluid, such as water, oil, or natural gas.
limited-capacity well. An oil or gas well that is limited
to producing only a portion ofits monthly allowable
because ofmarket demand.
stripper well. An oil or gas well that produces only
small quantities . In some states, such as Kansas
and Illinois, stripper wells are common.
well-completion clause. Oil & gas. A provision in an oil
and-gas lease specifying that a lessee who starts drilling
before the lease terminates has the right to complete the
well and to maintain the lease if the drilling achieves
production. See OPERATIONS CLAUSE. [Cases: Mines
and Minerals C=>78.1(9).)
well-knowing, adj. (17c) Intentional <a well-knowing
act or omission>. This term was formerly used in a
pleading to allege scienter. See SCIENTER.
well-pleaded complaint. See COMPLAINT.
welshing. (1857) 1. The act or an instance ofevading
an obligation, esp. a gambling debt. 2. The common
law act of larceny in which one receives a deposit to
be paid back with additional


ambling debt. 2. The common
law act of larceny in which one receives a deposit to
be paid back with additional money depending on the
outcome of an event (such as a horse race) but at the
time ofthe deposit the depositee intends to cheat and defraud the depositor by absconding with the money.
 Although this term is sometimes thought to be a slur
against those hailing from Wales, etymologists have
not been able to establish this connection. Authorita
tive dictionaries record the origin ofthe term as being
unknown. -Also termed welching. welsh, vb.
welsher, n.
Welsh mortgage. See MORTGAGE.
wend, n. Hist. A large section ofland; a perambulation;
a circuit.
wer. See BLOOD MONEY (1).
wergild (wOlr-gild). Rist. The fixed value of a person's life,
being the amount that a homicide's kindred must pay
to the kindred of the slain person so as to avoid a blood
feud. -Also spelled wergeld; weregild; wehrgeld. See
EFFUSIO SANGUINIS; LEODES.
West Australian plan. See instant-runoff voting under
VOTING.
Westlaw. A West Group database for computer
assisted legal research, proViding online access to
legal resources, induding federal and state caselaw,
statutes, regulations, legal treatises, legal periodicals,
and general and business news. Abbr. WL.
Westminster Confession of Faith (west-min-st<lr). Hist.
A document containing a statement of the religious
doctrines of the Presbyterian Church, originating at a
conference of British and continental Protestant divines
at Westminster in 1643. It was adopted by the General
Assembly ofthe Kirk ofScotland and the Scottish Par
liament' so becoming the basis of the Scottish Presby
terian Church. -Sometimes shortened to Westminster
ConfeSSion.
Westminster the First, Statute of. Hist. An English
statute divided into 51 chapters (later correlating to
separate acts of Parliament), including provisions (1)
protecting the property ofthe church from the violence
and spoliation ofthe Crown and nobles; (2) providing
for the freedom ofpopular elections; (3) enforcing the
rules contained in Magna Carta against excessive fines;
(4) enumerating and correcting the abuses of tenures
(esp. concerning marriages of wards); (5) regulating
the levying of tolls; (6) correcting and restraining the
powers of the royal escheator and other officers; (7)
amending the criminal law (esp. by classifying rape as
a most grievous, though not capital, offense); and (8)
making criminal and civil procedures more expedi
tious and less costly. 3 Edw. (1275).
West Point. See UNITED STATES MILITARY ACADEMY.
West-Saxon law. Hist. A system of rules introduced
by the West Saxons and one of the three principal
legal systems prevailing in England in the
ning of the 11th century. -It was observed primarily
in southern English counties from Kent to Devon
shire. -Also termed West-Saxon lage. See MERCEN
LAGE; DANELAW.

1733
Wetterling Act. See JACOB WETTERLlNG CRIMES AGAINST
CHILDREN AND SEXUALLY VIOLENT OFFENDER REGIS
TRATION ACT.
wharf. A structure on the shores ofnavigable waters, to
which a vessel can be brought for loading or unloading.
[Cases: Wharves ~4.]
private wharf. One that can be used only by its owner
or lessee. [Cases: Wharves
public wharf. One that can be used by the public.
[Cases: Wharves ~4.]
wharfage (worf-ij), n. Hist. 1. The fee paid for landing,
loading, or unloading goods on a wharf. [Cases:
Wharves C=> 15.] 2. The accommodation for loading
or unloading goods on a wharf.
wharfinger (wor-fin-j<lr), n. Hist. The owner or occupier
ofa wharf; one who keeps a wharf to receive merchan
dise for forwarding or delivery to a consignee. [Cases:
Wharves C=>20(1).]
wharfing out, right of. See RIGHT OF WHARFING OUT.
Wharton's rule ([h]wor-t<ln). (1940) Criminal law. The
doctrine that an agreement by two or more persons to
commit a particular crime cannot be prosecuted as a
conspiracy ifthe crime could not be committed except
by the actual number ofparticipants involved . But if
an additional person participates so as to enlarge the
scope of the agreement, all the actors may be charged
with conspiracy. The doctrine takes its name from
the influential criminal-law author Francis Wharton
(1820-1889). -Also termed Wharton rule; concert-of
action rule. [Cases: Conspiracy C=>28(1).j
"Wharton's Rule applies only to offenses that require con
certed criminal activity, a plurality of criminal agents. In
such cases, a closer relationship exists between the con
spiracy and the substantive offense because both require
collective criminal activity. The substantive offense there
fore presents some of the same threats that the law of
conspiracy normally is thought to guard against, and it
cannot automatically be assumed that the Legislature
intended the conspiracy and the substantive offense to
remain as discrete crimes upon consummation of the
latter. Thus, absent legislative intent to the contrary, the
Rule supports a presumption that the two merge when the
substantive offense is proved.... More important, as the
Rule is essentially an aid to the determination of legislative
intent, it must defer to a discernible legislative judgment."
Iannelli v. United States, 420 U.S. 770, 785-86, 95 5.0.
1284,1293-94 (1975).
WHD. abbr. WAGE AND HOUR DIVISION.
wheel. Hist. 1. An instrument oftorture used in medieval
Europe, consisting of a wheel or cross on which a
criminal was bound with arms and legs extended, while
the criminal's bones were broken one by one with an
iron bar, usu. until death. 2. 1be torture itself.
wheelage ([hlweel-ij), n. Hist. A duty or toll for a vehicle
to pass over certain property.
wheel conspiracy. See CONSPIRACY.
when-issued security. See SECURITY.
whereabouts, n. (17c) The general locale where a person
or thing is <her whereabouts are unknown> <the
Joneses' present whereabouts is a closely guarded whereupon
secret>. As the examples illustrate, this noun, though
plural in form, may be construed with either a plural or
a Singular verb. whereabouts, adv. & can).
whereas, con). (l4c) 1. While by contrast; although
<McWilliams was stopped at 10:08 p.m. wearing a
green hat, whereas the assailant had been identified
at 10:04 p.m. wearing a black hat>. 2. Given the fact
that; since <Whereas, the parties have found that their
1994 agreement did not adequately address inciden
tal expenses ... ; and Whereas, the parties have now
decided in an equitable sharing of those expenses ...
; Now, Therefore, the parties agree to amend the 1994
agreement as follows ... >. In sense 2, whereas is
used to introduce contractual recitals and the like, but
modern drafters increaSingly prefer a simple heading,
such as "Recitals" or "Preamble," and in that way
avoid the legalistic whereases. -whereas (recital or
preamble), n.
whereas clause. 1. See PREAMBLE (1).2. See RECITAL (2).
whereat, con). (14c) 1. At or toward which <the pOint
whereat he was aiming>. 2. As a result of which; where
upon <Pettrucione called Bickley a scurrilous name,
whereat a fistfight broke out>.
whereby, con). (13c) By which; through which; in accor
dance with which <the treaty whereby the warring
nations finally achieved peace>.
wherefore, premises considered. (1867) For all these
reasons; for the reason or reasons mentioned above .
The phrase is often used to begin the final paragraph of
a motion, judgment, contract, or agreement.
wherefrom, con). (14c) From which <the students sent
two faxes to the president's office, wherefrom no reply
ever came>.
wherein, con). (14c) 1. In which; where <the jurisdic
tion wherein Lynn practices>. 2. During which <they
listened intently at the concert, wherein both of them
became convinced that the composer's "new" work was
a fraud>. 3. How; in what respect <Fallon demanded to
know wherein she had breached any duty>. wherein,
adv.
whereof, can). (13c) 1. Of what <Judge Wald knows
whereof she speaks>. 2. Of which <citations whereof
even the most responsible are far afield from the true
issue>. 3. Of whom <judges whereof only the most
glowing words might be said>.
whereon, con). (l3c) On which <the foundation whereon
counsel bases this argument>. -Also termed where
upon.
whereto, con). (14c) To what place or time <at first,
Campbell did not know whereto he was being taken>.
Also termed whereunto. -whereto, adv.
whereupon, con). (14c) 1. WHEREON <the precedent
whereupon the defense bases its argument>. 2. Soon
after and as a result of which; and then <a not-gUilty
verdict was announced, whereupon a riot erupted>.

1734 wherewith
wherewith, conj. (14c) By means ofwhich <the plaintiff
lacked a form ofaction wherewith to state a compens
able claim>.
whim. A passing fancy; an impulse <the jury was
instructed to render a verdict based solely on the
evidence, not on a whim>.
whipping, n. A method of corporal punishment formerly
used in England and a few American states, consisting
of inflicting long welts on the skin, esp. with a whip.
whipsaw strike. See STRIKE.
whisper stock. See STOCK.
whistleblower, n. (1970) An employee who reports
employer wrongdoing to a governmental or law
enforcement agency . Federal and state laws protect
whistleblowers from employer retaliation. [Cases:
Labor and Employment C:=:o775; Officers and Public
Employees C:=:o66. -whistleblowing, n.
whistleblower act. (1984) A federal or state law protect
ing employees from retaliation for properly disclosing
employer wrongdoing such as violating a law or regu
lation, mismanaging public funds, abusing authority,
or endangering public health or safety . Federal laws
containing whistleblower provisions include the Whis
tleblower Protection Act (5 USCA  1211), the Occupa
tional Safety and Health Act (29 USCA  660), CERCLA
(42 USCA  9610), and the Air Pollution and Control
Act (42 USCA  7622). [Cases: Labor and Employment
C:=:o775; Officers and Public Employees C:=:o69.7.]
Whiteacre. (17c) A fictitious tract ofland used in legal
discourse (esp. law-school hypotheticals) to discuss
real-property issues. See BLACKACRE.
white bonnet. Scots law. A fictitious bidder at an auction;
a shill.
white book. 1. Hist. (cap.) ALBUS LIBER. 2. A government
report bound in white, common esp. in European and
papal affairs.
whitecapping. (1900) Criminal law. The criminal act of
threatening a person -usu. a member of a minority
group -with violence in an effort to compel the person
either to move away or to stop engaging in a certain
business or occupation . Whitecapping statutes were
originally enacted to curtail the activities of the Ku
Klux Klan. [Cases: Extortion and Threats C:=:o25.1.]
white-collar crime. (1940) A nonviolent crime usu.
involving cheating or dishonesty in commercial
matters. Examples include fraud, embezzlement,
bribery, and insider trading.
whitehorse case. (1971) Slang. A reported case with facts
virtually identical to those of the instant case, so that
the disposition of the reported case should determine
the outcome of the instant case. -Also termed horse
case; goose case; gray mule case; red-cow case. Cf. ON
ALL FOURS.
white knight. A person or corporation that rescues the
target of an unfriendly corporate takeover, esp. by
acquiring a controlling interest in the target corpora
tion or by making a competing tender offer. -Also termedfriendly suitor. See TAKEOVER. Cf. CORPORATE
RAIDER.
Whiteley rule. See FELLOW-OFFICER RULE.
White model. Labor law. A method for determining
whether a union member's state-law claim against
the employer is preempted by federal law, by focusing
on whether state law permits the claim to be waived
by a private contract . In Lingle v. Norge Division of
Magic Chef, Inc., 486 U.S. 399, 108 S.Ct. 1877 (1988), the
Supreme Court held that a union member's state-law
retaliatory-discharge claim was not preempted by the
Labor-Management Relations Act because the claim
could be resolved without interpreting the collective
bargaining agreement. There are at least two models
for applying the Lingle test: the White model, which
focuses on whether the claim is negotiable or non
negotiable (that is, whether state law allows the claim
to be waived by a private contract) and the Marcus
model, which focuses on the independence ofthe claim
in relation to the collective


be waived by a private contract) and the Marcus
model, which focuses on the independence ofthe claim
in relation to the collective-bargaining agreement.
Under the White model, all negotiable claims (those
waivable by private contract) are necessarily preempted
because their resolution will require an interpretation
of the collective-bargaining agreement. A nonnego
tiable claims (one that state law does not permit to be
waived by private contract) will be preempted only if
its resolution requires an interpretation of the collec
tive-bargaining agreement. The White model is named
for the author of the law-review article in which it was
proposed. Rebecca Homer White, Section 301's Pre
emption ofState Law Claims: A Modelfor Analysis, 41
Ala. L. Rev. 377 (1990). See LINGLE TEST. Cf. MARCUS
MODEL.
white rent. Hist. A feudal rent paid in silver, rather than
in work, grain, or money baser than silver. Cf. BLACK
RENT.
white slavery. The practice offorcing a female (or, rarely,
a male) to engage in commercial prostitution . Traf
ficking in persons for prostitution is prohibited by the
Mann Act (18 USCA  2421-2424). [Cases: Prostitu
tion C:=:o 15.]
White Slave Traffic Act. See MANN ACT.
Whitsunday. See quarter day under DAY.
whole blood. See full blood under BLOOD.
whole law. The law applied by a forum court in a mul
tistate or multinational case after referring to its own
choice-of-Iaw rules. [Cases: Action C:=:o 17.]
whole life insurance. See LIFE INSURANCE.
wholesale, n. The sale ofgoods or commodities usu. to a
retailer for resale, and not to the ultimate consumer. Cf.
RETAIL. -wholesale, vb. -wholesale, adj.
wholesale arrest. See dragnet arrest under ARREST.
wholesale dealer. One who sells goods in gross to retail
dealers rather than selling in smaller quantities directly
to consumers.
wholesale price. See PRICE.

1735 will
wholesale price index. See PRODUCER PRICE INDEX.
wholesaler. One who buys large quantities ofgoods and
resells them in smaller quantities to retailers or other
merchants, who in turn sell to the ultimate consumer.
whole-statute rule. The principle ofstatutory construc
tion that a statute should be considered in its entirety,
and that the words used within it should be given their
ordinary meanings unless there is a clear indication to
the contrary. [Cases: Statutes~' 188,205.]
wholly, adv. Not partially; fully; completely.
wholly and permanently disabled, adj. Insurance.
(Of an insured) completely and continuously unable
to perform work for compensation or profit. [Cases:
Insurance C:::>2035, 2553.]
wholly dependent, adj. Workers' compensation. (Of a
person) deriving full support from a worker's wages.
[Cases: Workers' Compensation C:::>412-486.]
wholly destroyed, adj. Insurance. (Of a building) so
damaged that it is no longer capable ofbeing classified
as a building, although some parts may remain intact.
[Cases: Insurance C:::>2171.]
wholly disabled, adj. Insurance. (Of a person) unable to
perform the substantial and material acts necessary to
carryon a business or occupation in the customary and
usual manner. [Cases: Insurance (;=>2561.]
whorehouse. See BROTHEL.
widow, n. A woman whose husband has died and who
has not remarried. [Cases: Death Cr'=>31(6); Descent and
Distribution C:::>52(1); Dower and Curtesy C:::>1-118;
Executors and Administrators C:::> 180.]
widower, n. A man whose wife has died and who has
not remarried.
widower's allowance. See spousal allowance under
ALLOWANCE (1).
widow's allowance. See spousal allowance under ALl.OW
ANCE (1).
widow's election. See RIGHT OF ELECTION.
wifa (wI-f~), n. [Old English] Hist. A mark or sign; esp., a
landmark showing exclusive occupation or to prohibit
an entry.
wife. A married woman; a woman who has a lawful
spouse living. [Cases: Bigamy (;= 1.]
common-law wife. 1. The wife in a common-law
marriage; a woman who contracts an informal
marriage with a spouse and then holds herself out
to the community as being married to that spouse.
See common-law marriage under MARRIAGE (1). 2.
Archaic. Loosely, a concubine. [Cases: Marriage C:::>
22.]
plural wife. One of two or more women married
Simultaneously to the same spouse in a polygamous
marriage. [Cases: Marriage Cr'=>22.]
wife beating. See spousal abuse under ABUSE.
wife's equity. See EQUITY TO A SETTLEMENT. wife's settlement. See EQUITY TO A SETTl.EMENT.
wild animal. See ANIMAl..
wildcat strike. See STRIKE.
wild creature. See wild animal under CREATURE.
wild deed. See DEED.
Wild's Case, Rule in. See RUl.E IN WILD'S CASE.
wilful. See WILLFUL.
will, n. (bef. 12c) 1. Wish; desire; choice <employment at
will>. 2. The legal expression of an individual's wishes
about the disposition ofhis or her property after death;
esp., a document by which a person directs his or her
estate to be distributed upon death <there was no
mention of his estranged brother in the will>. -Also
termed testament; will and testament; (archaically)
testamentary instrument. [Cases: Wills C:::>1-202.]
will, vb.
"The word 'will' has two distinct meanings. The first, and
strict, meaning is metaphYSical, and denotes the sum of
what the testator wishes, or 'wills,' to happen on his death.
The second, and more common, meaning is physical, and
denotes the document or documents in which that inten
tion is expressed." Anthony R. Mellows, The LawofSucces
sian 6 (3d ed. 1977).
ambulatory will. (1909) A will that can be altered
during the testator's lifetime. [Cases: Wills C:::>78.]
antenuptial will. See prenuptial will.
attested will. A will that has been signed by a witness.
[Cases: WillsC:::>113.]
bogus will. An unauthentic will, esp. one involving
fraud or unauthorized changes.
closed will. See mystic will.
conditional will. A will that depends on the occur
rence ofan uncertain event for the will to take effect.
_ Most jurisdictions hold a conditional will valid even
though the testator's death does not result from or on
the occasion of the condition mentioned in the will.
The courts generally hold that the condition is the
inducement for making the will rather than a condi
tion precedent to its operation. See Eaton v. Brown,
193 U.S. 411, 24 S.Ct. 487 (1904); In re Will ofCohen,
491 A.2d 1292 (N.J. Super. Ct. App. Div. 1985). Cf.
contingent will. [Cases: Wills {~>80.1
conjoint will. See joint will.
contingent will. A will that takes effect only ifa speci
fied event occurs. Cf. conditional will. [Cases: Wills
C:::>80.]
counter will. See mutual will.
double will. See mutual will.
duplicate will. (1855) A will executed in duplicate origi
nals by a testator who retains one copy and gives the
second copy to another person. -The rules applica
ble to wills apply to both wills, and upon application
for probate, both copies must be tendered into the
registry of the probate court. [Cases: Wills
holographic will (hol-~-graf-ik). (1850) A will that is
handwritten by the testator. -Such a will is typically

will 1736
unattested. Holographic wills are rooted in the civil
law tradition, having originated in Roman law and
having been authorized under the Napoleonic Code.
French and Spanish settlers introduced holographic
wills in America, primarily in the South and West.
Today they are recognized in about half the states.
Also termed olographic will. See HOLOGRAPH. [Cases:
Wills l30-l35.]
inofficious will. See inofficious testament under TES
TAMENT.
international will. A will that is executed according
to formalities provided in an international treaty or
convention, and that will be valid although it may be
written in a foreign language by a testator domiciled
in another country. [Cases: Wills C=>238-246.]
invalid will. (18c) A will that fails to make an effective
disposition of property.
joint and mutual will. (1841) A single will executed
by two or more people -to dispose ofproperty they
own separately, in common, or jointly -requiring
the surviving testator to dispose of the property in
accordance with the terms of the will.  A joint and
mutual will is drafted to be contractually binding on
the survivor. The word "joint" indicates the form of
the will. The word "mutual" describes the substantive
provisions. -Also termed joint and reciprocal will.
[Cases: Wills C=>56-68, 100.]
joint and reciprocal will. See joint and mutual will.
joint will. (18c) A single will executed by two or more
testators, usu. disposing of their common property
by transferring their separate titles to one devisee.
Also termed conjoint will. [Cases: Wills C=>56-68,
100.]
last will. (16c) The most recent will of a deceased; the
instrument ultimately fixing the disposition of real
and personal property at the testator's death. -Also
termed last will and testament.
"A will is the disposition of real and personal property to
take effect after the death of the testator. When the will
operates upon personal property, it is sometimes called
a testament, and when upon real estate, a devise; but the
more general and the more popular denomination of the
instrument, embraCing equally real and personal estate,
is that of last will and testament." 4 James Kent, Commen
taries on American Law *501 (George Comstock ed., 11 th
ed.1866).
last will and testament. See last will.
living will. See LIVING WILL.
lost will. An executed will that cannot be found at the
testator's death . Its contents can be proved by parol
evidence in many jurisdictions. But the overwhelm
ing majority of American jurisdictions follow the
common-law presumption of revocation if a will is
proved to have been in the possession of the testator
and has since been lost. [Cases: Wills C=>234, 293(4),
302(8).]
mancipatory will (man-sip-i-tor-ee). Roman law.
In early and classical law, a formal will sealed by seven witnesses and submitted to the praetor. See
TESTAMENTUM.
mariner's will. See soldier's will.
mutual will. (usu. pl.) (1837) One oftwo separate wills
in which two persons, usu. a husband and wife, estab
lish identical or similar testamentary provisions dis
posing of their estates in favor of each other. It is
also possible (though rare) for the testators to execute
a single mutual will, as opposed to separate ones. And
it is possible (though, again, rare) for more than two
parties to execute mutual wills. -Also termed recip
rocal will; counter will; double will; mutual testament.
[Cases: Wills C=>56-68.]
mystic will. Civil law. A secret will signed by the testator,
sealed and delivered to a notary in the presence of
three to seven witnesses, accompanied by the testa
tor's declaration that it is a valid will.  The notary is
then required to indorse on the envelope containing
the will a statement of all the facts surrounding the
transaction, and this is Signed by the notary and all
the witnesses. -Also termed mystic testament; secret
will; secret testament; closed will; closed testament;
sealed will; sealed testament. [Cases: Wills C=> 124.]
nonintervention will. A will that authorizes an inde
pendent executor. See independent executor under
EXECUTOR.
notarial will. A will executed by a testator in the
presence of two witnesses and a notary public.
nuncupative will (n;)ng-kYJ-pay-tiv or n<mg-kyoo
pJ-tiv). (18c) An oral will made in contemplation of
imminent death, esp. from a recent injury . Nuncu
pative wills are invalid in most states. Even in states
allowing them, the amount that may be conveyed is
usu. limited by statute. Traditionally, only personal
property may be conveyed. -Also termed oral will;
unwritten will; verbal will. [Cases: Wills 136
150.]
"Nuncupative (i.e., oral) wills are by statute in almost all
States required to be proved by two (sometimes three)
witnesses, who were present and heard the testamentary
words." John H. Wigmore, A Students' Textbook of the Law
ofEvidence 299 (1935).
nuncupative will by public act. Hist. Louisiana law. A
will dictated by the testator to a notary in the presence
ofa specified number ofwitnesses. The notary had
to read the will back to the testator. The testator and
the witnesses then signed the will. Ifthe testator was
physically unable to sign, another person could sign
in the testator's presence on the testator's behalf.