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WHAT THE WORDS MEAN

Most of what goes wrong in an encounter goes wrong at the vocabulary. A word that sounds like it means one thing often means something narrower, or wider, in the statute. Here is each word Wisconsin law uses, what it actually means, and the misreading it usually collects.

63 terms

A

Abandoned property

Personal property a tenant leaves behind after moving out or being evicted, which the landlord may presume abandoned, unless a written agreement says otherwise, and dispose of.

Also called things left behind

Personal property a tenant leaves behind after moving out or being evicted, which the landlord may presume abandoned, unless a written agreement says otherwise, and dispose of.

What it is not

Prescription medication and prescription medical equipment are held for 7 days from discovery.

Absolute sobriety

The rule that a person below the legal drinking age may not drive with an alcohol concentration of more than 0.0. The forfeiture is $200, and $400 with a passenger under 16 years of age.

Also called under 21 drinking and driving

The rule that a person below the legal drinking age may not drive with an alcohol concentration of more than 0.0. The forfeiture is $200, and $400 with a passenger under 16 years of age.

Advance notice

What a landlord gives before entering, at reasonable times, to inspect, repair or show the premises.

Also called landlord entry

What a landlord gives before entering, at reasonable times, to inspect, repair or show the premises.

What it is not

Without notice there is only one case: the tenant is absent and the landlord reasonably believes entry is necessary to preserve or protect the premises.

B

Battery

Causing bodily harm to another, by an act intended to cause bodily harm, without the harmed person's consent. A Class A misdemeanor.

Also called assault

Causing bodily harm to another, by an act intended to cause bodily harm, without the harmed person's consent. A Class A misdemeanor.

What it is not

Substantial bodily harm makes it substantial battery, a Class I felony.

Breach of the peace

The one condition on a secured party that takes collateral back without judicial process, such as a car bought on credit. It may do that only if it proceeds without breach of the peace.

Also called self help repossession limit

The one condition on a secured party that takes collateral back without judicial process, such as a car bought on credit. It may do that only if it proceeds without breach of the peace.

What it is not

The section does not define it or list the acts that cross it. What crosses that line is decided by courts, case by case.

C

Castle doctrine

In a dwelling, vehicle or place of business, against someone unlawfully and forcibly entering, the court may not consider a chance to flee and presumes the belief that deadly force was necessary was reasonable.

Also called self defense, duty to retreat

In a dwelling, vehicle or place of business, against someone unlawfully and forcibly entering, the court may not consider a chance to flee and presumes the belief that deadly force was necessary was reasonable.

What it is not

The presumption does not apply to a person engaged in criminal activity, or against a public safety worker who identified themselves.

Check-in sheet

The sheet a landlord gives a new residential tenant at the start of the occupancy for comments on the condition of the premises. The tenant has 7 days from moving in to complete and return it.

Also called move in checklist

The sheet a landlord gives a new residential tenant at the start of the occupancy for comments on the condition of the premises. The tenant has 7 days from moving in to complete and return it.

What it is not

A renewal does not need a new one.

Class A misdemeanor

The highest misdemeanor class: up to $10,000, up to 9 months, or both.

Also called misdemeanor

The highest misdemeanor class: up to $10,000, up to 9 months, or both.

What it is not

It is not a Class A forfeiture, which carries the same money ceiling but no jail and is not a crime.

Commencement of a prosecution

A prosecution is commenced when a warrant or summons is issued, an indictment is found, or an information is filed. A felony must be commenced within 6 years and a misdemeanor within 3 years after the offense, except as the section provides.

Also called statute of limitations, time limit to charge

A prosecution is commenced when a warrant or summons is issued, an indictment is found, or an information is filed. A felony must be commenced within 6 years and a misdemeanor within 3 years after the offense, except as the section provides.

What it is not

It is not the arrest or the trial. The issuing of a warrant or summons is enough.

Consumer approval transaction

A consumer sale started by solicitation away from the merchant's regular place of business, over $25, which the customer may cancel until midnight of the 3rd business day after the merchant gives the required notice.

Also called door to door sale, cooling off period

A consumer sale started by solicitation away from the merchant's regular place of business, over $25, which the customer may cancel until midnight of the 3rd business day after the merchant gives the required notice.

What it is not

No special form is needed. Any written expression of the intent not to be bound is enough.

D

Detectable amount

Any measurable amount of a restricted controlled substance in the blood, which by itself is enough for the impaired driving offense.

Also called restricted controlled substance

Any measurable amount of a restricted controlled substance in the blood, which by itself is enough for the impaired driving offense.

What it is not

A valid prescription is a defense to a charge resting only on a detectable amount of methamphetamine, gamma-hydroxybutyric acid or delta-9-tetrahydrocannabinol.

Disorderly conduct

Violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct, under circumstances in which it tends to cause or provoke a disturbance.

Also called disturbing the peace

Violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct, under circumstances in which it tends to cause or provoke a disturbance.

What it is not

Carrying a firearm or knife, openly or concealed, is not disorderly conduct unless other facts show a criminal or malicious intent.

Domestic abuse injunction

The final relief in a domestic abuse case, after a temporary restraining order and a hearing within 14 days. It can run as long as the petitioner asks, up to 4 years.

Also called restraining order, TRO

The final relief in a domestic abuse case, after a temporary restraining order and a hearing within 14 days. It can run as long as the petitioner asks, up to 4 years.

What it is not

The petitioner does not violate it by letting the respondent into the petitioner's own home, and it is not voided by contact the petitioner allows.

E

Emergency care

Care a person renders at the scene of any emergency or accident in good faith. The person is immune from civil liability for acts or omissions in rendering it.

Also called Good Samaritan, helping at an accident

Care a person renders at the scene of any emergency or accident in good faith. The person is immune from civil liability for acts or omissions in rendering it.

What it is not

The immunity does not extend to health care employees or professionals giving care for compensation within their usual employment or practice.

Emergency detention

Custody a law enforcement officer takes on cause to believe an individual meets one of the section's standards of dangerousness and that custody is the least restrictive alternative appropriate. The treatment director or a designee decides within 24 hours whether to detain or release.

Also called chapter 51 hold, mental health hold, taken in for an evaluation

Custody a law enforcement officer takes on cause to believe an individual meets one of the section's standards of dangerousness and that custody is the least restrictive alternative appropriate. The treatment director or a designee decides within 24 hours whether to detain or release.

What it is not

It is not open ended. Unless a hearing is held, the officer and the facility may not detain the individual for more than a total of 72 hours, exclusive of Saturdays, Sundays and legal holidays.

Expungement

Clearing a record, ordered at the time of sentencing for a person under 25 at the time of an offense carrying a maximum of 6 years or less, taking effect once the sentence is successfully completed.

Also called clearing a record

Clearing a record, ordered at the time of sentencing for a person under 25 at the time of an offense carrying a maximum of 6 years or less, taking effect once the sentence is successfully completed.

What it is not

It is not something to apply for later. The court decides at sentencing.

F

Final pay

Wages due an employee who quits or is discharged, paid in full no later than the day they would regularly have been paid, or the monthly deadline, whichever is earlier.

Also called final paycheck, last paycheck

Wages due an employee who quits or is discharged, paid in full no later than the day they would regularly have been paid, or the monthly deadline, whichever is earlier.

What it is not

No wage claim with the department is needed first. Each employee may sue for the full wages due.

First offense forfeiture

A first impaired driving violation is a civil forfeiture of $150 to $300.

Also called first offense drunk driving

A first impaired driving violation is a civil forfeiture of $150 to $300.

What it is not

It is not a crime. The penalty climbs with the count of earlier convictions, suspensions and revocations the statute counts.

Fleeing or eluding

Willful disregard of an officer's signal to stop. With no injury or damage, a Class H felony.

Also called fleeing police

Willful disregard of an officer's signal to stop. With no injury or damage, a Class H felony.

Forfeiture

A penalty that carries money only: Class A up to $10,000, Class B up to $1,000, Class C up to $500.

Also called civil forfeiture, ticket

A penalty that carries money only: Class A up to $10,000, Class B up to $1,000, Class C up to $500.

What it is not

A forfeiture is not a crime.

Frisk

A search for weapons during a stop, allowed when the officer reasonably suspects someone is in danger of physical injury.

Also called pat down, weapons search

A search for weapons during a stop, allowed when the officer reasonably suspects someone is in danger of physical injury.

What it is not

It is for weapons, not evidence in general: the officer may take a weapon, or property the officer reasonably believes it is a crime to possess.

G

Garnishment

Taking part of a debtor's earnings, of which 80 percent of disposable earnings are exempt.

Also called wage garnishment

Taking part of a debtor's earnings, of which 80 percent of disposable earnings are exempt.

What it is not

Earnings are totally exempt if household income is below the poverty line, or the debtor gets need-based public assistance.

H

Harassment

Striking, shoving or kicking someone, or threatening to, or a course of conduct that harasses or intimidates and serves no legitimate purpose. A Class B forfeiture, up to $1,000.

Also called harassing

Striking, shoving or kicking someone, or threatening to, or a course of conduct that harasses or intimidates and serves no legitimate purpose. A Class B forfeiture, up to $1,000.

What it is not

It becomes a Class A misdemeanor with a credible threat and an order or injunction limiting contact with the victim.

Hazing

Intentionally or recklessly endangering a student's physical health or safety for initiation, admission or affiliation with an organization connected with a school, college or university.

Also called initiation, pledging

Intentionally or recklessly endangering a student's physical health or safety for initiation, admission or affiliation with an organization connected with a school, college or university.

What it is not

It is hazing regardless of the student's willingness to take part.

I

Inattentive driving

Any activity other than driving that interferes, or reasonably appears to interfere, with driving safely.

Also called texting while driving, phone while driving

Any activity other than driving that interferes, or reasonably appears to interfere, with driving safely.

What it is not

The texting ban is narrower: no composing or sending a text or email, with voice operated or hands free use outside it.

J

L

Lemon law

The rule that a new motor vehicle's nonconformity, reported before the warranty ends or one year after first delivery, whichever is sooner, is repaired, and after a reasonable attempt fails the consumer chooses replacement or refund.

Also called lemon

The rule that a new motor vehicle's nonconformity, reported before the warranty ends or one year after first delivery, whichever is sooner, is repaired, and after a reasonable attempt fails the consumer chooses replacement or refund.

What it is not

A reasonable attempt is at least 4 repairs of the same nonconformity, or at least 30 days out of service in total.

License to carry

The license the Department of Justice issues to carry a concealed weapon, valid for 5 years, at a fee of no more than $37.

Also called concealed carry license, CCW

The license the Department of Justice issues to carry a concealed weapon, valid for 5 years, at a fee of no more than $37.

What it is not

A licensee carrying away from home, work or their own land displays the license and photo identification when an officer acting with lawful authority asks.

M

Maintenance

Support the court may order to either spouse for a limited or indefinite time.

Also called alimony, spousal support

Support the court may order to either spouse for a limited or indefinite time.

What it is not

It ends at the death of either the payer or the payee, whichever comes first, if it has not ended sooner.

Mitigation

A landlord's recovery from a tenant who left early is reduced by the net rent obtainable by reasonable efforts to rerent.

Also called rerenting, breaking a lease

A landlord's recovery from a tenant who left early is reduced by the net rent obtainable by reasonable efforts to rerent.

What it is not

The landlord has to allege and prove efforts to rerent; the tenant carries the burden of proving they were not reasonable.

N

Negligent operation

The standard Wisconsin's reckless driving section rests on: endangering the safety of any person or property by negligent operation of a vehicle.

Also called reckless driving

The standard Wisconsin's reckless driving section rests on: endangering the safety of any person or property by negligent operation of a vehicle.

Nonstandard rental provisions

A separate document, titled that way, listing any other reason a landlord may withhold from the deposit, which the landlord went over with the tenant before the tenant entered the rental agreement.

Also called nonstandard provision

A separate document, titled that way, listing any other reason a landlord may withhold from the deposit, which the landlord went over with the tenant before the tenant entered the rental agreement.

What it is not

Initialing or signing next to one creates only a rebuttable presumption that the tenant had it identified and agreed to it.

O

Obstructing

Knowingly resisting or obstructing an officer acting in an official capacity and with lawful authority. A Class A misdemeanor.

Also called resisting or obstructing, false name

Knowingly resisting or obstructing an officer acting in an official capacity and with lawful authority. A Class A misdemeanor.

What it is not

It is not only physical. Knowingly giving the officer false information is obstructing.

Occupational license

A limited license to drive while the operating privilege is suspended. An underage driver suspended under the absolute sobriety rule is eligible for one at any time.

Also called work license

A limited license to drive while the operating privilege is suspended. An underage driver suspended under the absolute sobriety rule is eligible for one at any time.

Open session

The setting in which a governmental body holds all discussion, and initiates, deliberates and acts on all action of any kind, formal or informal, except where the closed session section allows.

Also called open meeting, public meeting

The setting in which a governmental body holds all discussion, and initiates, deliberates and acts on all action of any kind, formal or informal, except where the closed session section allows.

Opened container

An opened container of alcohol beverages or nitrous oxide. No driver or passenger may have one on their person in a private vehicle on a public highway.

Also called open container

An opened container of alcohol beverages or nitrous oxide. No driver or passenger may have one on their person in a private vehicle on a public highway.

What it is not

The glove compartment does not count as storage. Only the trunk, or in a vehicle with no trunk an area not normally occupied, is outside the rule.

Operate

Physically working any control needed to put the vehicle in motion. No one may drive or operate while under the influence to a degree that makes them incapable of safely driving, or with a prohibited alcohol concentration.

Also called operating while intoxicated, drunk driving

Physically working any control needed to put the vehicle in motion. No one may drive or operate while under the influence to a degree that makes them incapable of safely driving, or with a prohibited alcohol concentration.

What it is not

It reaches more than driving.

Operating while suspended

Operating on a highway during a suspension. A forfeiture of $50 to $200.

Also called driving while suspended, suspended license

Operating on a highway during a suspension. A forfeiture of $50 to $200.

What it is not

Knowing is not an element. Not receiving or refusing a notice mailed to the last known address is no defense.

P

Pay or vacate

A written notice for unpaid rent giving at least 5 days to pay or leave. Rent here includes past due rent and late fees on it.

Also called 5 day notice, eviction notice

A written notice for unpaid rent giving at least 5 days to pay or leave. Rent here includes past due rent and late fees on it.

What it is not

A second default within one year on a lease of one year or less gets no chance to pay: the notice is to vacate, on at least 14 days.

Pecuniary loss

A money loss from an untrue, deceptive or misleading representation to the public, which a person may sue to recover with costs, including reasonable attorney fees.

Also called false advertising, deceptive practice

A money loss from an untrue, deceptive or misleading representation to the public, which a person may sue to recover with costs, including reasonable attorney fees.

What it is not

No action may begin more than 3 years after the act or practice.

Periodic tenancy

A month to month or other periodic tenancy, which ends on written notice from either side of at least 28 days, and only at the end of a rental period.

Also called month to month, tenancy at will

A month to month or other periodic tenancy, which ends on written notice from either side of at least 28 days, and only at the end of a rental period.

Proof of insurance

Proof of a motor vehicle liability policy, which the driver has in immediate possession and displays on demand of a traffic officer. It may be printed or electronic.

Also called insurance card

Proof of a motor vehicle liability policy, which the driver has in immediate possession and displays on demand of a traffic officer. It may be printed or electronic.

What it is not

Showing it on a phone is not consent to view anything else on the device.

Property division

The court presumes all property is divided equally between the spouses, and may alter that, without regard to marital misconduct, after considering the factors the section lists.

Also called dividing property, marital property

The court presumes all property is divided equally between the spouses, and may alter that, without regard to marital misconduct, after considering the factors the section lists.

What it is not

Gifts and inheritances stay with the spouse who got them, unless refusing to divide them would create a hardship.

Protective custody

Taking a person who appears incapacitated by alcohol or another drug to an approved treatment facility, or an emergency medical facility.

Also called public intoxication, detox

Taking a person who appears incapacitated by alcohol or another drug to an approved treatment facility, or an emergency medical facility.

What it is not

Protective custody is not an arrest, and no record may be made to show an arrest or a criminal charge.

Public notice

Notice of the time, date, place and subject matter of every meeting of a governmental body, given at least 24 hours before it begins, or where that is impossible or impractical for good cause, never less than 2 hours in advance.

Also called meeting notice, posted agenda

Notice of the time, date, place and subject matter of every meeting of a governmental body, given at least 24 hours before it begins, or where that is impossible or impractical for good cause, never less than 2 hours in advance.

What it is not

One notice does not cover a series. Separate notice is given for each meeting, at a time reasonably close to it.

R

Redeem

To get collateral back by tendering fulfillment of all obligations it secures, plus the reasonable expenses and attorney's fees the Code describes. A debtor, a secondary obligor, or another secured party or lienholder may do it.

Also called redemption, get the car back

To get collateral back by tendering fulfillment of all obligations it secures, plus the reasonable expenses and attorney's fees the Code describes. A debtor, a secondary obligor, or another secured party or lienholder may do it.

What it is not

It is not open forever. It ends once the secured party has collected the collateral, disposed of it or contracted to, or accepted it in satisfaction of the debt.

Retail theft

Taking, concealing, transferring or keeping a merchant's goods, or altering a price, without consent and meaning to deprive the merchant. Not over $500 is a Class A misdemeanor.

Also called shoplifting

Taking, concealing, transferring or keeping a merchant's goods, or altering a price, without consent and meaning to deprive the merchant. Not over $500 is a Class A misdemeanor.

What it is not

A store may detain on reasonable cause, but the person is told why, allowed phone calls, and not interrogated or searched against their will before a peace officer arrives.

Retaliation

Raising rent, decreasing services, suing for possession or refusing to renew, which would not happen but for a tenant's good faith complaint about a defect or exercise of a legal right.

Also called retaliatory eviction

Raising rent, decreasing services, suing for possession or refusing to renew, which would not happen but for a tenant's good faith complaint about a defect or exercise of a legal right.

What it is not

Unpaid rent is the exception. The landlord may still sue for possession when the tenant has not paid.

S

Search warrant

An order signed by a judge directing an officer to search a designated person, object or place to seize designated property, issued if probable cause is shown under oath.

Also called warrant

An order signed by a judge directing an officer to search a designated person, object or place to seize designated property, issued if probable cause is shown under oath.

What it is not

It does not stay good indefinitely. One not executed within 5 days after it was issued is void.

Security deposit

The deposit a landlord delivers or mails back in full, less only what the statute allows to be withheld, within 21 days, counted from the day that fits how the tenancy ended.

Also called deposit

The deposit a landlord delivers or mails back in full, less only what the statute allows to be withheld, within 21 days, counted from the day that fits how the tenancy ended.

What it is not

Nothing may be withheld for normal wear and tear, and a nonstandard provision cannot change that.

Stalking

Intentionally carrying out a course of conduct aimed at a specific person that would cause a reasonable person serious emotional distress or fear, and does. A Class I felony.

Also called course of conduct

Intentionally carrying out a course of conduct aimed at a specific person that would cause a reasonable person serious emotional distress or fear, and does. A Class I felony.

What it is not

A course of conduct is 2 or more acts showing a continuity of purpose, and repeated calls or notifications count whether or not anyone answers.

Substantial fault

A ground for unemployment ineligibility alongside misconduct: a discharge for either keeps a person ineligible until 7 weeks have passed and they have earned 14 times the weekly benefit rate.

Also called fired for cause, misconduct

A ground for unemployment ineligibility alongside misconduct: a discharge for either keeps a person ineligible until 7 weeks have passed and they have earned 14 times the weekly benefit rate.

T

Temporary questioning

A stop in a public place for a reasonable period, on reasonable suspicion of a crime, during which the officer may demand the person's name and address and an explanation of the person's conduct.

Also called investigatory stop, stop and identify

A stop in a public place for a reasonable period, on reasonable suspicion of a crime, during which the officer may demand the person's name and address and an explanation of the person's conduct.

What it is not

The detention and questioning take place in the vicinity where the person was stopped.

Theft

Intentionally taking, using, concealing or keeping someone else's movable property without consent, intending to deprive the owner permanently. Not over $2,500 is a Class A misdemeanor.

Also called stealing

Intentionally taking, using, concealing or keeping someone else's movable property without consent, intending to deprive the owner permanently. Not over $2,500 is a Class A misdemeanor.

What it is not

Value is not always the measure. A firearm or a domestic animal is a Class H felony, and taking from another person's body a Class G felony.

Tipped employee

An employee who may be paid $2.33 per hour, only if payroll records show tips bring the week to at least the minimum.

Also called tip credit, tipped wage

An employee who may be paid $2.33 per hour, only if payroll records show tips bring the week to at least the minimum.

Trespass to land

Entering enclosed, cultivated or undeveloped land of another without consent, or staying after being told not to. A Class B forfeiture, up to $1,000.

Also called trespass, trespassing

Entering enclosed, cultivated or undeveloped land of another without consent, or staying after being told not to. A Class B forfeiture, up to $1,000.

What it is not

It is not trespass to a dwelling, which is a Class A misdemeanor.

U

Unauthorized acquisition

Acquisition of an entity's subjects' personal information by someone unauthorized. The entity gives the required notice within a reasonable time, not to exceed 45 days after learning of it.

Also called data breach, breach notice

Acquisition of an entity's subjects' personal information by someone unauthorized. The entity gives the required notice within a reasonable time, not to exceed 45 days after learning of it.

What it is not

Not every acquisition requires notice. None is required if it does not create a material risk of identity theft or fraud, or if an employee or agent acquired the information in good faith and uses it for a lawful purpose of the entity.

Underage person

A person below the legal drinking age, who commits a violation by knowingly possessing or consuming alcohol beverages. A first violation is a forfeiture of $100 to $200.

Also called minor in possession, underage drinking

A person below the legal drinking age, who commits a violation by knowingly possessing or consuming alcohol beverages. A first violation is a forfeiture of $100 to $200.

What it is not

It is not a violation when accompanied by a parent, guardian or spouse of legal drinking age.

Unsecured appearance bond

Release on a promise to pay if the person does not appear, without depositing money first.

Also called signature bond, bail

Release on a promise to pay if the person does not appear, without depositing money first.

What it is not

On a misdemeanor, bail may not exceed the maximum fine for the offense.

Untenantable

Unfit to live in from fire, water or other casualty, a condition hazardous to health, or a substantial violation of the landlord's duties. The tenant may move out unless the landlord promptly repairs, and a tenant who stays pays reduced rent.

Also called uninhabitable, rent abatement

Unfit to live in from fire, water or other casualty, a condition hazardous to health, or a substantial violation of the landlord's duties. The tenant may move out unless the landlord promptly repairs, and a tenant who stays pays reduced rent.

What it is not

It does not authorize withholding all the rent while the tenant stays.

V

Void and unenforceable

What a residential rental agreement becomes when it contains a forbidden term, such as eviction other than by the judicial procedure, a waiver of the duty to mitigate, or a waiver of the duty to keep the premises fit.

Also called illegal lease clause

What a residential rental agreement becomes when it contains a forbidden term, such as eviction other than by the judicial procedure, a waiver of the duty to mitigate, or a waiver of the duty to keep the premises fit.

What it is not

It is not only the one clause that drops out. The agreement as a whole is void.

About this guide — definitions, not applications. Whether a word describes what happened in a particular case is exactly the question a licensed Wisconsin attorney answers and a glossary cannot. Current as of September 2026.