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- A waiver is essentially a unilateral act of one person that results in the surrender of a legal right. The legal right may be constitutional, statutory, or contractual, but the key issue for a court reviewing a claim of waiver is whether the person voluntarily gave up the right. If voluntarily surrendered, it is considered an express waiver.legal-dictionary.thefreedictionary.com/waiver
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n. the intentional and voluntary giving up of a right, either by an express statement …
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