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Ferguson & Ferguson
303 Williams Avenue, SW
Suite 321
Huntsville, Alabama 35801
Phone: 256-534-3435
Fax: 256-534-4339
  

Glossary Terms U - Z

Underinsured Motorist Coverage: In Alabama , optional insurance that provides protection to purchaser of said coverage and relatives living in his household who suffer injury caused by the negligence of another driver who does not have enough insurance to pay for all losses and damages. Underinsured motorist coverage can be stacked.

Undue Influence:
Abuse of position of trust or authority in order to induce a person to do or refrain from doing something to the advantage of the person exerting the influence.

Uninsured Motorist Coverage:
In Alabama, optional insurance that provides protection to purchaser of said coverage and relatives living in his household who suffer injury caused by the negligence of another driver who does not have insurance to pay for losses and damages. Uninsured motorist coverage can be stacked.

Unlawful Detainer:
A detention of real estate without the consent of the owner or other person entitled to its possession.

Unsecured: In bankruptcy proceedings, for the purposes of filing a claim, a claim is unsecured if there is no collateral, or to the extent the value of collateral is less than the amount of the debt.

User: In products liability law, a person who uses goods.

Usury: Charging a higher interest rate or higher fees than the law allows.
 Vacate: To set aside or void an order or decision of a court.

Venire: A writ summoning persons to court to act as jurors, Also refers to the people summoned for jury duty.

Venue: Broadly, the geographical area where a court has authority to hear a case because it has personal jurisdiction and subject matter jurisdiction. The venue is usually the same area where the incident leading to the trial occurred. A change of venue may occur if negative publicity or other factor would make it difficult to find unbiased jurors.

Verdict: The jury's decision in a case. A general verdict is the jury's finding either for the plaintiff or the defendant. A special verdict is a statement by the jury of facts it has found in response to questions submitted by the judge.

Vicarious Liability: The liability of one person for the torts of another.

Void: Having no binding effect or legal force; null.

Voir Dire: Process of questioning potential jurors so that each side may decide whether to accept or oppose individuals for jury service.

Waiver: Knowing and voluntary relinquishment of a right. Compare with release.

Waiver of Immunity: A means authorized by statute by which a witness, before testifying or producing evidence, may relinquish the right to refuse to testify against himself or herself, thereby making it possible for his or her testimony to be used against him or her in future proceedings.

Warrant: Most commonly, a court order authorizing law enforcement officers to make an arrest or conduct a search. An affidavit seeking a warrant must establish probable cause by detailing the facts upon which the request is based.

Will: A legal declaration that disposes of a person's property when that person dies.

Willful Negligence: Intentional performance of an unreasonable act in disregard of a known risk, making it highly probable that harm will be caused. Willful negligence usually involves a conscious indifference to the consequences. There is no clear distinction between willful negligence and gross negligence.

Without Prejudice: A claim or cause dismissed without prejudice may be the subject of a new lawsuit.

With Prejudice: Applied to orders of judgment dismissing a case, meaning that the plaintiff is forever barred from bringing a lawsuit on the same claim or cause.

Witness: A person who testifies to what he or she has seen, heard. or otherwise experienced. Also, a person who observes the signing of a will and is competent to testify that it is the will-maker's intended last will and testament.

Workers' Compensation: Insurance required of almost all employers to help cover their employees' economic loss due to a job-related injury or illness.

Writ: Broadly, a court order requiring the performance of some act or giving authority to have the act done.

Writ of Certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.

Wrongful Death Action: An action brought to recover damages for the death of a person caused by a wrongful act or neglect or unlawful violence or negligence of another; provided that no recovery for the same damages claimed in the wrongful death action was obtained by the deceased during his lifetime. In Alabama , the action may be brought by the decedent's spouse, children, or parents. If the decedent has no spouse, children or parents, the action may be brought by a personal representative in order to recover punitive damages only.

Wrongful Death Statute: Statutory law that provides the means for the representative of a decedent to bring suit alleging that the decedent's death was caused by someone's willful or negligent act and to seek compensation for monetary loss suffered because of the decedent's death.

Wrongful Death Statutes: Laws giving the family members of a deceased a cause of action if the death of their loved one resulted because of another’s negligence

Youthful Offender: A person under twenty one years of age at the time of the commission of the crime. Records are sealed, similar to being treated as a juvenile. Must apply and be approved by the court to be treated as a youthful offender.

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