WR glossary terms

Browse full definitions for every WR term in the Amicus glossary.

W.r.t.

/ˌdʌbəl.juː ɑːr tiː/

Definitions

  1. (abbr.) Abbreviation of 'with respect to,' used to specify the relation to a particular matter in legal texts.
    The contract was amended w.r.t. delivery timelines.

Forms

  • w.r.t.

Commentary

Commonly used in legal writing to concisely indicate the topic or issue that a statement concerns; best to avoid in formal drafting for clarity.


Writ

/ˈrɪt/

Definitions

  1. (n.) A formal written order issued by a court commanding or authorizing an action.
    The court granted a writ of habeas corpus to review the legality of the detention.
  2. (n.) Any judicial mandate in the name of the sovereign or state directing a person to perform or refrain from performing a specified act.
    The sheriff was served with a writ requiring immediate compliance with the court's decision.

Forms

  • writs

Commentary

Writs are a foundational procedural tool in common law; drafters should specify the type of writ to clarify its purpose and scope.


Writ of Attachment

/ˈrɪt əv əˈtætʃmənt/

Definitions

  1. (n.) A court order directing the seizure or detention of property to secure a judgment or satisfy a debt.
    The plaintiff obtained a writ of attachment to secure the defendant's assets before trial.
  2. (n.) A provisional remedy allowing the court to hold a defendant's property to prevent its disposal prior to final judgment.
    The writ of attachment was granted to prevent the defendant from selling the disputed goods.

Forms

  • writs of attachment

Commentary

Use precisely to distinguish this court-ordered seizure from other types of writs or liens; varies in procedure by jurisdiction.


Writ of Audita Querela

/ˈrɪt əv ˈɔːdɪtə kwɪˈrɛlə/

Definitions

  1. (n.) A rare common law writ allowing a defendant to seek relief from a judgment due to a defense or discharge arising after the judgment was rendered.
    The defendant filed a writ of audita querela to challenge the enforcement of the debt after discovering new evidence.

Forms

  • writ of audita querela
  • writs of audita querela

Commentary

Historically significant but rarely used today, this writ permits a defendant to assert new defenses or discharge to bar enforcement of a judgment when no other remedy is available.


Writ of Certiorari

/ˈrɪt əv sɜːrʃɪˈɒræri/

Definitions

  1. (n.) A judicial writ issued by a higher court to review the decision and proceedings in a lower court.
    The Supreme Court granted a writ of certiorari to examine the constitutional issues in the case.

Forms

  • writs of certiorari

Commentary

Used primarily in U.S. law, the writ of certiorari is discretionary and allows higher courts to select cases for review. Drafting petitions should emphasize compelling reasons for the court to grant it.


Writ of Coram Nobis

/ˈrɪt əv kəˌræm ˈnoʊbis/

Definitions

  1. (n.) A rare legal order issued by a court to correct its original judgment upon discovery of a fundamental error not apparent in the records, typically after the judgment is final and no other remedy is available.
    The defendant petitioned for a writ of coram nobis to challenge his conviction after new evidence emerged.

Forms

  • writ of coram nobis
  • writs of coram nobis

Commentary

Used primarily to address errors of fact or jurisdiction that could not have been raised earlier; it is an extraordinary remedy distinct from appeals and habeas corpus petitions.


Writ of Error

/ˈrɪt əv ˈɛrər/

Definitions

  1. (n.) A procedural device by which a higher court reviews a lower court's judgment for legal error.
    The attorney filed a writ of error to challenge the trial court's ruling.

Forms

  • writ of error
  • writs of error

Commentary

A writ of error historically served as one method of appellate review focusing on legal mistakes, now largely replaced by modern appeals; usage is mainly found in older or specific jurisdictional contexts.


Writ of Error Coram Nobis

/ˈrɪt əv ˈɛrər kɒrəm ˈnoʊbis/

Definitions

  1. (n.) A judicial writ allowing a court to correct its original judgment upon discovery of a fundamental error not apparent in the records, typically after the judgment is final.
    The defendant filed a writ of error coram nobis to challenge the conviction based on newly discovered evidence.

Forms

  • writ of error coram nobis
  • writs of error coram nobis

Commentary

Used primarily in criminal cases to address errors of fact or jurisdiction after the usual appeal period has expired; distinct from a writ of error focused on legal errors apparent on the record.


Writ of Execution

/ˈrɪt əv ˌɛksɪˈkjuːʃən/

Definitions

  1. (n.) A court order authorizing the enforcement of a judgment, typically to seize and sell a debtor's property to satisfy a debt.
    The creditor obtained a writ of execution to recover the owed money by seizing the debtor's assets.

Forms

  • writs of execution

Commentary

Commonly issued after a final judgment; clarity about the property subject to enforcement is key in drafting.


Writ of Garnishment

/ˈrɪt əv ˈɡɑːrnɪʃmənt/

Definitions

  1. (n.) A court order directing a third party to withhold money or property owed to a debtor until further court order, usually to satisfy a judgment.
    The creditor obtained a writ of garnishment to collect the debt from the debtor's employer.

Forms

  • writs of garnishment

Commentary

A writ of garnishment specifically targets third parties who owe money to the debtor, distinguishing it from direct execution against the debtor's property.


Writ of Habeas Corpus

/ˈrɪt əv ˈheɪbiəs ˈkɔːrpəs/

Definitions

  1. (n.) A judicial writ ordering a prisoner be brought before a court to determine if their detention is lawful.
    The lawyer filed a writ of habeas corpus to challenge the client's imprisonment.

Forms

  • writs of habeas corpus

Commentary

Commonly invoked to protect individual freedom by ensuring no one is held without just cause; courts typically scrutinize government detention under this writ.


Writ of Mandamus

/ˈrɪt əv ˈmæn.də.məs/

Definitions

  1. (n.) A judicial writ issued as a command to a lower court or public authority to perform a mandatory duty correctly.
    The court issued a writ of mandamus to compel the agency to deliver the records.

Forms

  • writs of mandamus

Commentary

Used primarily to enforce a public official's performance of a nondiscretionary duty; not appropriate to compel discretionary acts.


Writ of Possession

/ˈrɪt əv pəˌzɛʃən/

Definitions

  1. (n.) A court order directing law enforcement to deliver possession of property to a party, often used following eviction or foreclosure proceedings.
    The landlord obtained a writ of possession to evict the tenant legally.

Forms

  • writ of possession
  • writs of possession

Commentary

Commonly issued after a judgment for possession, this writ enforces the transfer or restoration of possession, emphasizing its role in property and landlord-tenant law.


Writ of Replevin

/ˈrɪtpl əv rɪˈplɛvɪn/

Definitions

  1. (n.) A legal writ ordering the return of wrongfully taken or withheld personal property to its rightful owner before final judgment.
    The court issued a writ of replevin to recover the stolen goods.

Forms

  • writ of replevins

Commentary

Writ of replevin is a possessory remedy and differs from damages; it allows recovery of the actual property rather than monetary compensation.


Writ of Seizure

/ˈrɪt əv ˈsiːʒər/

Definitions

  1. (n.) A court order authorizing the seizure of property to satisfy a judgment or for evidentiary purposes.
    The sheriff obtained a writ of seizure to confiscate the debtor's assets.

Forms

  • writs of seizure

Commentary

A writ of seizure specifically directs the legal taking of property; often issued after judgment or as a provisional remedy.


Writ Petition

/ˈrɪt pəˌtɪʃən/

Definitions

  1. (n.) A formal written application submitted to a court requesting judicial intervention in a legal matter, often based on a violation of fundamental rights or legal principles.
    The lawyer filed a writ petition challenging the constitutionality of the new law.

Forms

  • writ petition
  • writ petitions

Commentary

Writ petitions are specific forms of petitions directed at higher courts, requiring precise legal grounds and adherence to procedural rules for proper adjudication.


Write-Down

/ˈraɪtˌdaʊn/

Definitions

  1. (n.) An accounting reduction in the book value of an asset to reflect its current market value.
    The company recorded a write-down to account for the impaired inventory.

Forms

  • write-down
  • write-downs

Commentary

A write-down often precedes or contrasts with a write-off and is crucial in financial statements to represent asset value more accurately.


Write-Off

/ˈraɪtˌɔf/

Definitions

  1. (n.) An accounting action recognizing that a debt or asset has no value and is removed from the books.
    The company took a write-off on the unpaid loan after months of nonpayment.
  2. (n.) A tax deduction allowed for an expense deemed necessary and ordinary in business.
    The lawyer claimed a write-off for the office supplies purchased last month.

Forms

  • write-off
  • write-offs

Commentary

Commonly used in both accounting and tax law contexts; clarity in contracts is advised to specify whether 'write-off' refers to accounting treatment or tax deductions.


Writer

/ˈraɪtər/

Definitions

  1. (n.) A person who creates written works, including legal documents, contracts, or literature.
    The writer drafted the contract to ensure clarity of terms.

Forms

  • writers

Commentary

In legal contexts, 'writer' often overlaps with 'author' but may specifically refer to individuals drafting formal documents.


Writing Requirement

/ˈraɪtɪŋ rɪˈkwaɪərmənt/

Definitions

  1. (n.) A legal rule mandating that certain agreements, notices, or documents be put in writing to be enforceable or valid.
    The contract failed because it did not satisfy the writing requirement prescribed by law.

Forms

  • writing requirement
  • writing requirements

Commentary

Writing requirements often arise from statutes to prevent fraud and ensure clear proof of terms, particularly in contract law.



Written Contract

/ˈrɪtn ˈkɒntrækt/

Definitions

  1. (n.) A legally binding agreement that is documented in writing, outlining the obligations and rights of the parties involved.
    The parties signed a written contract to formalize their business arrangement.
  2. (n.) A contract that satisfies the Statute of Frauds by being in writing, thereby making it enforceable in court.
    The sale of real estate requires a written contract to be valid.

Forms

  • written contracts

Commentary

Written contracts provide clear evidence of terms agreed upon, reducing disputes; drafters should ensure clarity and completeness in the document.


Written Submission

/ˈrɪtn səbˈmɪʃən/

Definitions

  1. (n.) A formal document presenting facts, arguments, or evidence submitted in writing to a court or tribunal for consideration.
    The lawyer filed a written submission outlining the key points of the case.

Forms

  • written submissions

Commentary

Written submissions are crucial for presenting detailed arguments where oral presentations are limited; clarity and precision in drafting enhance their persuasive effect.


Wrong

/ˈrɒŋ/

Definitions

  1. (adj.) Contrary to law, ethics, or justice; unlawful or improper.
    The defendant's actions were deemed wrong under criminal law.
  2. (n.) A legal injury or infringement of a right giving rise to a cause of action.
    The plaintiff suffered a wrong that entitled her to compensation.

Commentary

In legal contexts, 'wrong' often signifies an actionable injury or breach, distinct from mere moral wrongs; careful use clarifies whether referring to unlawfulness or to the cause of a claim.


Wrongdoer

/ˈrɒŋˌduːər/

Definitions

  1. (n.) A person who commits an illegal or wrongful act.
    The court held the wrongdoer liable for damages resulting from the breach of duty.

Commentary

The term 'wrongdoer' is often used interchangeably with 'tortfeasor' in tort law but can apply broadly to any party who commits a wrongful act.


Wrongdoing

/ˈrɒŋˌduːɪŋ/

Definitions

  1. (n.) An act or instance of breaking a law or legal obligation; illegal or unethical conduct.
    The company was fined for wrongdoing in its accounting practices.
  2. (n.) Behavior or an action that violates rights or duties, often giving rise to liability in tort or criminal law.
    Wrongdoing such as negligence can lead to civil lawsuits.

Commentary

The term broadly covers illegal or unethical acts; precision is required to distinguish specific legal causes of action.


Wronger

Definitions

  1. (n.) One who commits a wrong; a wrongdoer.
    The court held the wronger liable for damages.

Forms

  • wrongers

Commentary

The term 'wronger' is rarely used in formal legal texts but can appear to denote a party responsible for a wrongful act.


Wrongest

/ˈrɒŋɡɪst/

Definitions

  1. (adj.) Informal or nonstandard superlative form of wrong, indicating the greatest degree of wrongness.
    The defendant's actions were the wrongest imaginable in this legal context.

Commentary

Primarily informal and nonstandard; in legal drafting, use 'most wrong' or precise terms such as 'most culpable' to ensure formality and clarity.


Wrongful

/ˈrɒŋfʊl/

Definitions

  1. (adj.) Contrary to law or justice; involving or characterized by an act that is unlawful or improper.
    The plaintiff claimed damages for wrongful termination of employment.
  2. (adj.) Done without legal justification, often causing injury or loss to another party.
    She brought a wrongful death lawsuit against the negligent driver.

Commentary

Typically used as a modifier describing acts or conduct that violate legal duties or rights, often preceding nouns like 'termination' or 'death' in legal claims.


Wrongful Act

/ˈrɒŋfʊl ækt/

Definitions

  1. (n.) An act committed in violation of a legal right or duty, often giving rise to civil liability or criminal responsibility.
    The plaintiff sued the defendant for damages caused by the wrongful act.

Forms

  • wrongful acts

Commentary

A wrongful act entails conduct that infringes legal rights or breaches duties, foundational in tort and criminal law.


Wrongful Death

/ˈrɒŋfl dɛθ/

Definitions

  1. (n.) A legal cause of action arising when a person dies due to another's negligence or intentional act, allowing survivors to seek damages.
    The family filed a wrongful death suit after the fatal car accident.

Commentary

Typically brought by close relatives or representatives, wrongful death claims compensate for losses including emotional and economic support.


Wrongful Detention

/ˈrɒŋfʊl dɪˈtɛnʃən/

Definitions

  1. (n.) The unlawful restraint of a person's freedom of movement without legal authority or justification.
    The plaintiff claimed damages for wrongful detention after being held without charge for several days.

Forms

  • wrongful detention

Commentary

Often interchangeable with false imprisonment, wrongful detention emphasizes the absence of lawful authority; precise statutory definitions vary by jurisdiction.


Wrongful Dismissal

/ˈrɒŋfʊl dɪsˈmɪsl/

Definitions

  1. (n.) Termination of an employee's contract of employment in breach of the terms or without just cause or proper notice.
    The employee sued for wrongful dismissal after being fired without notice.
  2. (n.) A cause of legal action where an employee claims compensation due to unlawful termination.
    Wrongful dismissal claims often require proof of contractual or statutory breach.

Forms

  • wrongful dismissals

Commentary

Typically involves breach of implied or explicit contractual terms; remedies often include damages or reinstatement.


Wrongful Termination

/ˈrɒŋfʊl ˌtɜːrmɪˈneɪʃən/

Definitions

  1. (n.) The termination of an employee's contract of employment in a manner that violates legal rights or contractual terms.
    She filed a lawsuit alleging wrongful termination due to discrimination.
  2. (n.) The unlawful dismissal of an employee in violation of public policy, employment contract, or anti-discrimination laws.
    The court awarded damages for wrongful termination after the employee was fired for reporting illegal conduct.

Forms

  • wrongful terminations

Commentary

Wrongful termination claims often hinge on proving violation of specific legal protections or contractual agreements; precise documentation of grounds for dismissal is critical.


Wrongfully

/ˈrɒŋfʊli/

Definitions

  1. (adv.) In a manner that is unjust, illegal, or without legal right.
    The plaintiff was wrongfully terminated from their employment.

Commentary

Commonly used to describe acts or conduct lacking legal justification; often appears in contexts involving torts and employment law.


Wrongfulness

/ˈrɒŋ.fəl.nəs/

Definitions

  1. (n.) The quality or state of being wrongful, implying unlawfulness or illegality in a legal context.
    The court examined the wrongfulness of the defendant's actions in determining liability.

Commentary

Wrongfulness typically underpins assessments of liability and is central to distinguishing lawful from unlawful conduct in tort and criminal law.

Glossary – WR Terms