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Simple English definitions for legal terms
prospective waiver
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A quick definition of prospective waiver:
A prospective waiver is when someone gives up their right to something that hasn't happened yet. For example, if someone settles a lawsuit and agrees not to sue for discrimination in the future, that's a prospective waiver. There are also other types of waivers, like when someone gives up a legal right or advantage, or when a criminal defendant agrees to a trial without a jury. Sometimes a waiver can be implied by someone's actions, like if they act in a way that shows they don't want to use a certain right.A more thorough explanation:
A prospective waiver is a legal term that refers to the voluntary relinquishment or abandonment of a legal right or advantage that has not yet occurred. This type of waiver is often used in contracts, where parties agree to waive future claims for discrimination upon settlement of a lawsuit.
For example, if an employee sues their employer for discrimination and the parties settle the case, the employee may sign a prospective waiver agreeing not to bring any future claims related to discrimination against the employer.
Another example of a prospective waiver is a jury waiver, where a criminal defendant relinquishes the right to have the trial conducted before a jury by signing a form.
Overall, a prospective waiver is a legal tool used to waive future rights or claims that have not yet occurred.