wage
assignment
A
legal procedure by which a portion
of a spouse's wages are paid
directly to the other spouse
for alimony or child support.
In some states, this is called
an "earnings withholding order"
or a "wage garnishment."
wage
garnishment
A
manner of debt collection whereby
the sheriff takes up to 25%
of a debtor's paycheck and forwards
it to a creditor who has a court
judgment against the debtor.
wage
earner plan
A
"Chapter 13" filing with the
bankruptcy court that allows
the debtor to keep all of his
property while attempting to
repay debts in full or in part
over a three-year period.
wages
The
compensation paid by an employer
to an employee for work performed.
Sometimes known as "salary."
waiver
The
voluntary and knowing waiver
of a legal right such as a speedy
trial, a preliminary hearing
or even the statutory time required
to consider argument on sentencing.
A waiver is made sometimes for
the purpose of expediency and
sometimes for strategy. For
example, a defense lawyer might
think that waiving a preliminary
hearing would be advantageous
since it might preclude adding
new charges to the indictment.
warrant
A
judicially backed order directing
law enforcement to arrest or
search the person or premises
of a suspect. A warrant must
be based on declaration establishing
a specific factual basis for
probable cause that a crime
was committed or in the process
of being committed.
week-to-week
agreement
An
agreement between a landlord
and tenant that permits either
party to terminate the agreement
or change the terms (including
rent) by giving the other party
prior written notice at least
one week before the date of
termination or change of terms.
wet
reckless
Alcohol-related
reckless driving. In many states
it is used as a plea bargain
rather than pleading guilty
to drunk driving. Such a plea
is used where the blood alcohol
level is less than the legal
limit. The punishment usually
does not include community service
or incarceration.
whiplash
An
injury of the soft tissues,
ligaments, and joints of the
cervical spine caused by the
neck being bent forcibly and
violently forward and backward.
whistleblower
A
person who reports his employer
to the police or a state or
federal agency for some violation
of the law. Whistleblower protection
laws prevent employers from
firing workers in revenge for
whistleblowing.
white-collar
crime
A
category of crimes committed
under the guise of legitimate
business affairs. Usually it
involves fraud, stock market
manipulation, embezzlement and
other forms of dishonest business
practices
wildcard
exemption
A
federal bankruptcy exemption
that allows a debtor to retain
up to $8,075 of otherwise nonexempt
property if the homestead exemption
is not fully claimed.
willful
conduct
The
term used to describe an intentional,
conscious and directed act of
a perpetrator in furtherance
of criminal goal.
withdrawal
of counsel
A
criminal defense attorney can
withdraw from representation
of a client for due cause only
and with court permission. Not
getting paid is not considered
good cause. In some states,
an attorney can make a special
appearance at arraignment for
the purpose of limiting the
representation to that one hearing.
Good cause is any situation
in which the attorney believes
that further representation
will cause unavoidable damage
to his or her client’s
interests or presents a substantial
ethical dilemma for the attorney.
Since an attorney is considered
to be an officer of the court,
he cannot put on knowingly false
testimony.
witness
Any
person who testifies under oath
at trial. There are numerous
types of witnesses. Examples
include eyewitnesses, expert
witnesses and character witnesses.
writ
of possession
A
court order commanding a sheriff
or marshal to physically evict
a tenant within a specified
number of days (usually about
5). A writ of possession will
be issued only after a judgment
has been entered.
writ
of restitution
Same
as a writ of possession.
wrongful
adoption suit
A
lawsuit brought against an adoption
agency (or other person who
arranged an adoption) seeking
money damages because the agency
failed to disclose important
information about the child
(for example, that the child
had a severe mental or emotional
disability).
wrongful
death
A
cause of action by the heirs
and/or loved ones of a person
killed by the negligence of
another.
wrongful
eviction lawsuit
A
lawsuit filed by a tenant against
a former landlord who used self-help
or other illegal methods to
evict a tenant.
wrongful
termination lawsuit
A
lawsuit filed by an employee
against a former employer who
used illegal methods to terminate
an employee. Also known as a
"wrongful discharge lawsuit."
