Variance: The discrepancy between what a party to a lawsuit alleges will be proved in pleadings and what the party actually proves at trial. In ZONING law, an official permit to use property in a manner that departs from the way in which other property in the same locality can be used. Vel non: [Latin, Or not.] A term used by the courts in reference to the existence or nonexistence of an issue for determination; for example: “We come to the merits vel non of this appeal,” means “we come to the merits, or not, of this appeal,” and refers to the possibility that the appeal backs m erit. Vendee: Buyer or purchaser; an individual to whom anything is transferred by a sale. Vendor: Seller; an individual who transfers pro perty for sale; merchant; retail dealer; supplier. Vendor and purchaser: Vendor and purchaser refers to the l egal relationship between the buyer and the seller of land during the interim period between the execution of the contract and the date of its consummation. Venire facias: [Latin, Cause to come.] A judicial order or writ addressed to the sheriff of a county where a legal action is to take place, commanding the sheriff to assemble a jury. Venireman: A member of a jury who has been summoned by a writ of venire facias. Venue: Venue is a proper place, such as the correct court to hear a case because it has authority over events that have occurred within a certain geographical area. Verba: [Latin, Words.] A term used in many legal maxims, including verba sunt indices animi, which means “words are the indicators of the mind or thought”;andverba accipienda ut sortiantur effectum, or “words are to be taken so that they may have some effect.” In practice, the term operates in the useful ph rase in haec verba, which is Latin for “in these words. ” The use of this phrase allows an attorney to state exact language of an agreement (within a pleading, such as a complaint), without also including a full copy of that other document that is the source of cited or quoted text. Verdict: The formal decision or finding made by a jury concerning the questions submitted to it during a trial. The jury reports the verdict to the court, which generally accepts it. Verify: To make certain, to substantiate, or to confirm by formal oath, affirmation, or AFFIDAVIT. Versus: [Latin, Against.] A designation used in the caption of a lawsuit to indicate the opposite positions taken by the parties. Vertical merger: A merger between two business firms that have a buyer-seller relationship. Vest: To give an immediate, fixed right of present or future enjoyment. Veterans’ rig hts: The legal rights and benefits extended to those who served on active duty in and have been honorably discharged from one of the U.S. ARMED SERVICES. Veto: The refusal of an executive officer to assent to a bill that has been created and approved by the legislature, thereby depriving the bill of any legally binding effect. Vexatious litigation: A legal action or proceeding initiated maliciously and without PROBABLE CAUSE by an individual who is not acting in GOOD FAITH for the purpose of annoying or embarrassing an opponent. DICTIONARY OF LEGAL TERMS VEXATIOUS LITIGATION 227 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION Vicarious l iability: The TORT doctrine that imposes responsibility upon one person for the failure of another, with whom the person has a special relationship (such as PARENT AND CHILD, employer and employee, or owner of vehicle and driver), to exercise such care as a reasonably prudent person would use under similar circumstances. Vice: A fault, flaw, defect, or imperfection. Immoral conduct, practice, or habit. Vice crimes: A generic legal term for offenses involving immorality, including prostitution, lewdness, lasciviousness, and OBSCENITY . Victim-assistance program: A government program that provides information and aid to persons who have suffered direct physical, emotional, or p ecuniary harm as a result of the commission of a crime. Victimless cr imes: Crime where there is no apparent victim and no apparent pain or injury. This class of crime usually involves o nly consenting adults in activities such as PROSTITUTION, SODOMY, and GAMING where the acts are not public, no one is harmed, and no one complains of the activities. Some groups advocate legalizing victimless crimes by removing these acts from the law books. Other critics complain that there is no such thing as a victimless crime; whenever one of these crimes is committed but goes unpunished, indiv idual mores, so cietal values, and the RULE OF LAW are undermined or compromised, rendering society itself the victim. Vigilantism : Taking the law into one’s own hands and attempting to effect justice according to one’s own understanding of right and wrong ; action taken by a voluntary association of persons who organize themselves for the purpose of protecting a common interest, such as liberty, property, or personal security; action taken by an individual or group to protest existing law; action taken by an individual or group to enforce a higher law than that enacted by society’s designated lawmaking institutions; private enforcement of legal norms in the absence of a n established, reliable, and effective law enforcement body. Vill: In old ENGLISH LAW, a division of a hundred or wapentake; a town or a city. Virginia and Kentucky Resolves: Resolutions passed by the Virginia and Kentucky legislatures in 1798 and 1799 protesting the federal ALIEN AND SEDITION ACTS of 1798. Virginia Declaration of Rights: Statement of rights adopted by the colony of Virginia in 1776, which served as the mo del for the U .S. Constit ution’s BILL OF RIGHTS. Vis: [Latin, Force or violence.] A term employed in many legal phrases and maxims, such as vis injuriosa, “wrongful force.” Visa: An official endorsement on a passport or other document required to secure an alien’s admission to a country. Visible means of support: Atermemployedin VAGRANCY statutes to test whether an individual has any apparent ability to provide for himself or herself financially. Visitation rights: In a DIVORCE or custody action, permission granted by the court to a noncustodial parent to visit his or her child or children. Custody may also refer to visitation rights extended to grandparents. Vitiate: To impair or make void; to destroy or annul, either completely or partially, the force and effect of an act or instrument. Viva voce: [Latin, With the living voice; by word of mouth.] Verbally; orally. 228 VICARIOUS LIABILITY DICTIONARY OF LEGAL TERMS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION Viz.: [Latin, A contraction of the term videlicet, to wit, namely, or that is to say.] Atermusedto highlight or m ake more specific something previously indicated only in general terms (ie, The charges in this case, viz: murder and armed robbery, deserve to be fully punished.). Void: That which is null and completely without legal force or binding effect. Void for vagueness doctrine: A doctrine derived from the DUE PROCESS CLAUSES of the Fifth and Fourteenth Amendments to the U.S. Constitution that requires criminal laws to be drafted in language that is clear enough for the average person to comprehend. Voidable: That which is not absolutely void, but may be voided. Voir dire: [Old French, To speak the truth.] The preliminary examination of prospective jurors to determine their qualifications and suitability to serve on a jury, in order to ensure the selection of fair and impartial jury. Volenti non fit injuria: [Latin, To the consenting, no injury is done.]Inthelawof NEGLIGENCE, the precept that denotes that a person who knows and comprehends the peril and voluntarily exposes himself or herself to it, although not negligent in doing so, is regarded as engaging in an ASSUMPTION OF THE RISK and is precluded from a recovery for an injury ensuing therefrom. Voluntary act: A crime that is the product of conscious choice and independent will. Voting trust: A type o f agreement by which two or more individuals who own corporate stock that carries VOTING RIGHTS transfer their shares to another party for voting purposes, so as to control corporate affairs. Vouchee: A person for whom another vouches; a person cited as authority in support of a fact. Voucher: A receipt or release that provides evidence of p ayment or other discharge of a debt, often for purposes of reimbursement, or attests to the accuracy of the accounts; a voucher would be held by the person or company who will receive payment. Vouching-in: A procedural device used in common law by which a defendant notifies another, not presently a party to a lawsuit, that if a plaintiff is successful, the defendant will seek indemnity from that individu al. Wadset: In Scotland, the ancient term for a mortgage. A right by which lands or other property are pledged by their owner to a creditor in security for a debt, usually in the form of a mutual contract, in which one party sells the land and the other grants the right of reversion. Wage assignment: The voluntary transfer in advance o f a debtor’s pay, generally in connection with a particular debt or judgment. Wage earner’splan: An arrangement under federal BANKRUPTCY law whereby an individual retains his or her property and pays off a debt over a period of time, as determined by a court and subject to supervision by the court. Wager of battel: A type of trial by combat between accuser and accused that was introduced into England by William the Conqueror (King William I) an d h is No rman follower s af ter t he Norman Conquest of 1066. W DICTIONARY OF LEGAL TERMS WAGER OF BATTEL 229 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION Wager of law: A procedure for defending oneself that could be used in a trial before one of the ancient courts of England. Wait-and-see doctrine: A rule that permits consideration of events occurring subsequent to the inception of an instrument that pertains to the vesting of a future interest. If the specified contingency on which the creation of the interest depends actually occurs within the period of the RULE AGAINST PERPETUITIES, the interest is legally enforceable. Waive: To intentionally or voluntarily relinquish a known right or engage in conduct warranting an inference that a right has been surrendered. Waiver: The voluntary surrender of a known right; conduct supporting an inference that a particular right has been relinquished. Waiving time: The process whereby an individual permits a court to take longer than usual in trying him or her on a criminal charge. This allows a defendant, for example, to bypass their righttoaspeedytrialinordertoobtainmoretimetopreparetheircasebeforetrial. Want: The absence or deficiency of what is needed or desired. Want of consideration: A comprehensive term for all transactions or situations where no inducement to a contract was intended to pass between the parties thereto and, therefore, no legally enforceable contract is created. Wanton: Grossly careless or negligent; reckless; malicious. Wapentake: A local division of a shire or county in old ENGLIS H LA W; the term used north of the Trent River for the territory called a hundred in other parts of England. War: Open and declared conflict between the armed forces of two or more states or nations. War crimes: Acts that violate the international laws, treaties, customs, and practices governing military conflict between belligerent states o r parties. Ward: Laws regarding wards and their care differ by state, but there are various processes by which a person might become a ward, and various circumstances that can lead to this arrangement, such as abuse, neglect, the death of one or both parents, or inability to care for oneself as an i ndependent adult or emancipated minor. Upon the death of one’sparents,for example, a will might appoint a guardian, perhaps a blood relative. Appointment by a family court, upon review of a petition filed by a person with an interest in the well-being of the person in question, may occur if no will makes such a provision, in the case of death of parents, or in the case of a mentally incompetent adult. Warehouse receipt: A written document given by a warehouseman for items received for storage in his or her warehouse, which serves as evidence of title to the stored goods. Warehouseman: An individual who is regularly engaged in the business of receiving and storing goods of others in exchange for compensation or profit. Warrant: A written order issued by a judicial officer or other authorized person commanding a law enforcement officer to perform some act incident to the administration of justice. Warrant of attorney: A written authorization that allows an attorney named in it to appear in court and admit the liability of the person giving the warrant in an action to collect adebt. 230 WAGER OF LAW DICTIONARY OF LEGAL TERMS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION Warranty: An assurance, promise, or guaranty by one party that a particular statement of fact is true and may be relied upon by the other party. Warranty deed: An instrument that transfers real property from o ne person to another and in which the grantor promises that title is good and clear of any claims. Wash sale: The buying and selling of the same or a similar asset within a short period of time. A fictitious type of arrangement whereby a BROKER, upon receiving an order from one individual to purchase and an order from another individual to sell a certain amount of a particular stock or commodity, transfers it from one principal to the other and retains the difference in value. Waste: Harmful or destructive use of real property by o ne in rightful possession of the property. Water rights: A group of rights designed to protect the use and enjoyment of water that travels in streams, rivers, lakes, and ponds, gathers on the surface of the earth, or collects underground. Weapons: A comprehensive term for all instruments of offensive or defensive combat, including items used in injuring a person. Weapons of mass destruction: Any nuclear, chemical, bacteriological, or other types of weapons capable of destroying property and killing large numbers of people. Weight of evidence: Measure of credible proof on one side of a dispute as compared with the credible proof on the other, particularly the PROBATI VE evidence considered by a judge or jury during a trial. Weights and m easures: A comprehensive legal term for uniform standards ascribed to the quantity, capacity, volume, or dimensions of anything. Welfare: Government benefits distributed to impoverished persons to enable them to maintain a minimum standard of well-being. West Saxon lage: The laws of the West Saxons, who lived in the southern and western counties of England, from Kent to Devonshire, during the Anglo-Saxon period. Westminster, First Statute of: A law enacted in 1275 to enforce some of the provisions of Magna Carta and to liberalize the law of England. Westminster, Second Statute of: An English law enacted in 1285 that converted estates in fee simple conditional into estate in fee entail and rendered them inalienable, thereby strengthening the power of nobility. Whaling: The hunting of whales for food, oil, or both. Wharves: Structures erected on the m argin of NAVIGABLE WATERS where vessels can stop to load and unload cargo. Whereas: On the contrary; although; when in fact. An introductory statement of a formal document. Whereby: By or through which ; by the help of which; in accordance with which. Wherefore: For which reason. DICTIONARY OF LEGAL TERMS WHEREFORE 231 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION Whig Party: A name applied to political parties in England, Scotland, and America. Whig is a short form of the word whiggam ore, a Scottish word once used to describe people from western Scotland who opposed King Charles I of England in 1648. Whistleblowing: The disclosure by a person, usually an employee in a government agency or private enterprise, to the public or to those in authority, of mismanagement, corruption, illegality, or some other wrongdoing. White-collar crime: Financial, economic, or corporate crime, usua lly invo lving f raud and theft, that is often carried out by sophisticated means. The result is usually economic loss for businesses, investors, and those affected by the actions of the p erpetrator. White prim ary: A legal device once employed by some Southern states to prevent African Americans from e xercising their right to vote i n a meaningful way. White supremacy groups: Organizations that believe the Caucasian race is superior to all other races and therefore seek either to separate the races in the United States or to remove all non- Caucasians from the nation. Whiteacre: A fictitious designation used by legal writers to describe a parcel of land. Wildcat strike: An employee work stoppage that is not authorized by the LABOR UNION to which the employees belong. Will: A document in which a person specifies the method to be applied in the management and distribution of his/her estate after death. Willful: Intentional; not accidental; voluntary; designed. Wilmot Pro viso: An unsuccessful 1846 congressional amendment that sought to ban slavery in territories newly acquired from Mexico. Wind up: The last phase in the dissolution of a partnership or corporation, in which accounts are settled and assets are liquidated so that they may be distributed and the business may be termina ted . Wiretapping: A form of electronic eavesdropping accomplished by seizing or overhearing communications by means of a concealed recording or listening device connected to the transmission line. Witan: An Anglo-Saxon term that meant wise men, persons learned in the law; in particular, the king’sadvisersormembersofhiscouncil. Withholding tax: The amount legally deducted from an employee’swagesorsalarybythe employer, who uses it to prepay the charges imposed by the government on the employee’s yearly earnings. Within the s tatute: Encompassed by, or included under, the provisions and scope of a particular law. Without day: A term used to describe a final ending or adjournment of a session of a legislature or a court; the English translation o f the Latin ph rase sine die. Without prejudice: Without any loss or waiver of rights or privileges. Without recourse: A phrase used by an endorser (a signer other than the original maker) o f a negotiable instrument (for example, a check or promissory note) to mean that if payment of the i nstrument is refused, the endorser will not be responsible. 232 WHIG PARTY DICTIONARY OF LEGAL TERMS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION Witness stand: The location in a courtroom where the parties and witnesses offer their testimony. Witnesses: Individuals who provide evidence in legal proceedings before a tribunal. Persons who give testimony under oath in court, concerning what they have seen, heard, or otherwise observed. Women’srights: The effort to secure equal rights for women and to remove gender discrimination from laws, institutions, and behavioral patterns. Woods and forests: A comprehensive term for a large collection of trees in their natural setting and the property on which they stand. Words and Phrases®: A multivolume set of law books published by West Group containing thousands of judicial definitions of words and phrases, arranged alphabetically, from 1658 to the present. Words of art: The vocabulary or terminology of a particular art, science, or profession, particularly those expressions that are peculiar to it. Words of limitation: The words in a deed or will that indicate what type of estate or rights the person being given land receives. Words of purchase: Language used in connection with a transfer of real property that identifies the grantees or designees who take the interest being conveyed by deed or will. Work product r ule : A legal doctrine that provides that certain materials prepared by an attorney who is acting on behalf of his or her client during prepa ration for litigatio n a re priv ileged from discovery b y the attorney for the opposition party. Workers’ compensation: Workers’ compensation is a system whereby an employer must pay, or provide insurance to pay, the lost wages and medical expenses of an employee who is injured on the job. Worthier title doctrine: A COMMON LAW rule that provides that a conveyance of real property by a grantor to another person for life with a limitation to the grantor’s heirs creates a reversion in the grantor by which his or her heirs acquire the property only upon the death of the grantor, not upon the death of the person who has been granted the property for life. Writ: An order issued by a court requiring that something be done or giving authority to do a specified act. Wrong: A violation, by one individual, of another individual’slegalrights. Wrongful birth: A MEDICAL MAL PRACTI CE claim brought by the parents of a child born wi th birth defects, alleging that negligent treatment or advice deprived them of the opportunity to avoid conception or terminate the pregnancy. Wrongful death: The taking of t he life of an individual resulting from t he willful or negligent act ofanotherpersonorpersons. Wrongful discharge: An at-will employee’s CAUSE OF ACTION against his former employer, alleging that his discharge was in violation of state or federal antidiscrimination statutes, public policy, an implied contract, o r an imp lied COVENANT of GOOD FAITH and fa ir d ea lin g. Wrongful life: Atypeof MEDICAL MALPRACTICE claim brought on behalf of a child born with birth defects, alleging that the child would not have been born but for negligent advice to, or treatment of, the parents. DICTIONARY OF LEGAL TERMS WRONGFUL LIFE 233 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION Wrongful pregnancy: A claim by parents for damages arising from the negligent performance o f a s terilization p rocedure or abortion, and the subsequent birth o f a child. Xrating: A classification devised by the Motion Picture Association of America (MPAA) and the National Association of Theater Owners (NATO) in 1968 to designate certain films containing excessive violence or explicit sexuality. It was replaced in 1990 by the NC-17 rating (no one 17 and under admitted). XYY chromosomal abno rmality defense: A legal theory that holds that a defendant’sXYY chromosomal abnormality is a condition that should relieve him or her of legal responsibility forhisorhercriminalact. XYZ affair: A diplomatic scandal involving France and the United States in 1797–1798. Yalta agreement: A World War II accord made in 1945 between Great Britain, the United States, and the Sovie t Union. Year books: Books of legal cases, or reporters, published annually in England from the thirteenth to the sixteenth century. Yellow dog c ontract: An employment agreement whereby a worker promises not to join a LABOR UNION or promises to resign from a union if he or she is already a member. Yield: Current return from an investment or expenditure as a percentage of the price of investment or expenditure. York-Antwerp rules: A group of directives relating to uniform bills of lading and governing the settlement of maritime losses among the several interests, including ship and cargo owners. Zero bracket amount: A lump-sum allowance of income that a taxpayer could receive without imposition of any federal INCOME TAX because it was considered equivalent to the standard amount of deductions usually taken by an average taxpayer. It was replaced by the standard deduction in the TAX REFORM ACT of 1986. 100 Stat. 2085, 26 U.S.C.A. §§ 47, 1042. Zero tolerance: The policy of applying laws or penalties to even minor infringements of a code to reinforce its overall importance a nd enhance deterrence. Zoning: The separation or division of a municipality into districts, the regulation of buildings and structures in such districts in accordance with their construction and the nature and extent of their use, and the dedication of such districts to particular uses designed to serve the GENERAL WELFARE. X Y Z 234 WRONGFUL PREGNANCY DICTIONARY OF LEGAL TERMS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION . follower s af ter t he Norman Conquest of 1066. W DICTIONARY OF LEGAL TERMS WAGER OF BATTEL 229 GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION Wager of law: A procedure for defending oneself. and admit the liability of the person giving the warrant in an action to collect adebt. 230 WAGER OF LAW DICTIONARY OF LEGAL TERMS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION Warranty: An. and effect of an act or instrument. Viva voce: [Latin, With the living voice; by word of mouth.] Verbally; orally. 228 VICARIOUS LIABILITY DICTIONARY OF LEGAL TERMS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD