Waiver
The voluntary relinquishment of a known legal right, often documented in writing.
Detailed Explanation
Waivers are common in many legal contexts: liability waivers before recreational activities, waiver of rights during plea bargains, waiver of jury trial, waiver of appeal rights, and waiver of conflicts of interest. For a waiver to be enforceable, it must be knowing (the person understood the right), voluntary (no coercion), and intelligent (the person understood the consequences). Courts scrutinize waivers of constitutional rights carefully.
Related Terms
Settlement
An agreement to resolve a legal dispute without going to trial, where the defendant pays the plaintiff an agreed amount.
Fee Agreement
A written contract between attorney and client specifying how legal fees will be calculated, billed, and paid.
Plea Bargain
An agreement in criminal cases where the defendant pleads guilty to a lesser charge in exchange for a lighter sentence.