The voluntary surrender of a known right; conduct supporting an inference that a particular right has been relinquished.

The term waiver is used in many legal contexts. 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.

In CRIMINAL LAW the PRIVILEGE AGAINST SELF-INCRIMINATION is guaranteed by the FIFTH AMENDMENT to the U.S. Constitution. The Supreme Court, in MIRANDA V. ARIZONA, 384 U.S. 436, 86 S....