civil procedure


To “waive” is to forego something. It is an act of voluntarily giving up a right, and can apply to a variety of legal situations including knowingly giving up a legal right such as a speedy trial, a jury trial, giving up some rights in a...


Intentionally or voluntarily giving up one's recognized right.

without recourse

A phrase meaning that one party has no legal claim against another party. It is often used in two contexts:

1. In litigation, someone without recourse against another party cannot sue that party, or at least cannot obtain adequate relief even...

witness stand

The witness stand is the location in a courtroom where a witness sits or stands while giving testimony. This is usually a platform to the left and slightly below the judge's seat. A witness called to testify is said to "take the stand."...

work product

Material prepared in anticipation of litigation. Generally, work product is privileged, meaning it is exempt from discovery. However, there are exceptions. Work product is divided into two categories: ordinary and opinion. Ordinary work product is the...

writ of attachment

Writ of attachment refers to court approved seizures of defendant property early in a case to ensure the plaintiff can receive adequate damages. In order to receive a writ of attachment, a plaintiff must meet certain requirements, and the...

writ of coram nobis

The writ of coram nobis is a Latin term applied in common law to call to the court’s attention facts that would have changed the judgment but were outside the record and unknown to the court at the time of judgment. The writ of coram nobis is...

year and a day


A period of time running from any date until the same date in the following year, e.g. from January 1 to January 1 of the following year. At common law, the statute of limitations for filing certain claims and prosecuting certain crimes....

year and day


See year and a day.

Illustrative caselaw

See, e.g. Rogers v. Tennessee, 532 U.S. 451 (2001).

See also

Year and a day rule


To yield is to give something up or surrender control, especially when required by law. For example, to stop in order to allow other vehicles or pedestrians to go past -- the right-of-way. To yield is also to bring forth a result, as when a search...