First, who in the world has so much free time to give you the job updates and that even on whatsapp? Second, why the job seekers are failing to identify the real methods and practical strategies of job searching?
I am sorry for the job seekers if they get lured by some bewitching job posts. These whatsapp job groups claim to forward jobs but where is the credibility? Expired vacancies are shared on-and-on and forever. Job seekers apply and then blame they did not hear back. Yes, there might be instances of few success stories but I don't consider it to be discussed even. Its 0.1% in 100%. I would encourage job seekers to focus more on; ▬ Job Portals ▬ LinkedIn Jobs ▬ Networking and Industry Events If you are a kind of person that you would forget to follow the updates and need to get feeds then put an email alert for relevant jobs. Its not only more practical but you have range of options to set your 'search engine'. Your mobile number is your personal property. Do not give away in Public & specially for WA groups. It makes more sense to have a 'job group' on LinkedIn and let people join in. Profiles can be viewed and referral process can be much faster. People do not stay in WA groups for a fact. So many times it happens that a job seeker has to submit an unsolicited job application. The issue that a job seeker does not get a response on the sent applications is because majority of the people are actually applying for minority of vacancies which are available.
Hence, in my opinion, submitting an unsolicited application still worth because it is an off chance which can click for a job seeker. When an HR professional is not hiring and suddenly his/her email pops up with a catchy subject line, there is a great probability that the email will be opened and resume will be reviewed. Bottom line, do not underestimate the purpose of submitting an unsolicited job application. I have recently taken sometime out to draft an email template for job seekers to submit their unsolicited job applications. The users of it are free to edit between the lines and rearrange the contents as necessary. #Disclaimer! This template do not guarantee any employment. I am writing to express my interest in acquiring a position at [company name].With over [no. of years] of experience I am quite familiar with the industry trends and related business knowledge. [Company name] is known for its excellent reputation in the market for [product/service] and [product/service]. It has always been my passion to work for such a stable and worthy brand where employees’ are valued, ideas are appreciated and workforce diversity is welcomed. Presently I am in [country name] on a visit visa until [expiry date of visa] and seeking a desirable position in [work profession] to supplement my [distinct skill no.1] and [distinct skill no.2].I possess excellent persuasive communication skills and can confidently play a positive role in team work. I am well recognized also for my abilities to handle and supervise assignments independently. I hold a Master's degree in [name of program] with a major in [write majors here]. Additionally, I am extremely detail orientated, highly motivated and my work professionalism is second to none.I would really appreciate an opportunity to meet with you in person and to further discuss potential job openings where my experience and expertise can add noteworthy value to your organization. I can be directly reached at +9XX XX XXXXXX, alternatively please do not hesitate to drop an email in case you require further information and documents (references/recommendations) in support of my application at: [email protected]I am enclosing a copy of my updated resume for your kind consideration and I look forward to hearing at your earliest convenience.Sincerely yours,[Your Full Name] Might I take few minutes of yours but this information will benefit you in a hope that you work hard on yourselves for the interview. We shall begin defining what is an interview and then straight jump into the 23 tips.
Interview is basically a formal meeting between an employer and the applicant to discuss a job role that is vacant and required to be filled. It is very common for a candidate to be nervous when it comes to an interview. The feeling of what questions will be asked and how to answer them, the pressure of panel in case there are more than two interviewers and the fear to get rejected whereby the applicant is in a dire need of a job are some common interview topics discussed around and over the internet. Preparing yourself for the interview will not only help in boosting the confidence but will allow you to make a solid-positive first impression as well. 1. TELL ME SOMETHING ABOUT YOURSELF When the interviewer asks you to tell something about yourself then do not discuss your childhood (where you were born, your family, how you were raised etc). Interviewer is interested in knowing what you are bringing to the company. You can start from your most recent experience and tell them your recent achievements instead. Look into their eyes confidently and express that you are the candidate who has those 1, 2, 3, 4 skills and that they would not find someone else like you. If at this moment you could hold their blink, then you have impressed them already. There is no reason at all to be confused. Just follow the easy formula to begin with your latest experience which could benefit the employer in parallel. Talk more about yourself but where your abilities would be benefitting and supporting the prospective employer. 2. IF YOU ARE OFFERED A DRINK / COFFEE Don’t hesitate to ask for a glass of water in case you felt thirsty or take it if they have offered to you. You are not a superman to survive in this so called pressure and letting your throat go dry, unable to speak, cough later and get yourself into more trouble. If you are feeling thirsty then request for a glass of water. You must show them your ethical side that you respect the invitation, your confidence to ask for something is another plus and you are telling them that I am not at all unconfident. If you wish then why not to have a coffee and transform a formal interview into an easy yet informative discussion. The way you will respond to the situation will determine the turn and take on side. So relax and enjoy at ease! No one will bite you. 3. WHAT SHOULD YOU WEAR The easier it sounds the harder it gets when it comes to the actual situation. The moment when you get in a fix what to wear and jumbled on the selection of colors will start getting your nerves go crazy? Dressing up is one of the vital part in an interview. As a general rule of thumb wear decent and professional attire to leave an impression. Your dress shows how you take good care of yourself, concerned about the image and give importance to yourself as well. For gents, without any excuse go for the suit. This is the professional attire for you to attend an interview. The colors can be in shades of black and grey, dark blue and brown. Ensure that your belt and shoes has a match with your tie and shirt as well. For ladies, subtly patterned fabric in dark/light 2 shade of colors are elegant to wear. Make sure to feel easy in your shoes that you wear. 4. WHAT YOU MUST BRING TO AN INTERVIEW Most of the applicants forget about this and usually ignore at their will. This must has to be applicants’ checklist before they are proceeding for an interview. Keep two to three updates copies of your resume in a file along with copies of your educational and work certificates. If available, then keep copies of your references and recommendations ready at hand as well. If your profession is technical and you do a lot of work on laptop or you are a management professional who has designed some programs, models or strategies which needs to be shown as part of your skill during an interview then do bring it along with you. Take the permission from the interviewer if you could show your work to support the question which has been asked. There is no harm in bringing a tablet either if that suffice in supporting your requirements to replace a laptop. 5. DO NOT RUSH TO ANSWER QUESTIONS The interview panel is sitting there to listen to you. So take your good time to understand the question, analyze and structure it, and then answer. But don’t take this too long to think. You should be able to start answering within three seconds after the question has been asked. Normally, there are repeated and similar questions which you already can prepare yourself for. This will enable your mind to comprehend quickly and throw the answer. Your answers must sound confident and truthful. Remember! The way you will answer the question could change the environment of an interview scene, if you get puzzled you might will be shelled with more related questions and get knocked down. So, try to be honest because being honest will put you to another level of confidence. 6. HOW MUCH IS YOUR SALARY EXPECTATIONS One of the trickier question to be considered but is not very frightening. The idea is simple, they want to know if they can afford your expectations or not, and if you would like their offer or not in case less is offered. Gone are the days to say salary isn’t my focus, learning and development is my focus. Who believes in this myth now? So, just say a reasonable figure after you’ve researched on the internet that what is the market offering for same title and check for Salary Surveys conducted by some of leading recruitment companies in that region. Of course, this will differ greatly in various parts of the world but you can get an idea. Focus on how to negotiate rather than convincing them that you’re such a naive and know nothing about what’s happening around and looking for learning only. Don’t sell yourself too short, tell them what you want. No worries if you are refused, then move on. 7. CONTROLLING THE BEHAVIORAL NERVES Your body language explains a lot about you. Important is to stay calm, relax and do not be nervous at all. What happens when you get nervous is you will be confused and you will start blinking eyes rapidly. This gives the interviewer an easy clue to think that you are nervous. Although your profile will be promising but when it comes to interviewee nervousness the interviewers usually decide quickly on the results without seriously going further in an interview and questioning the interviewee. A proper preparation before an interview will help you escape from this situation. Try to practice mock interviews with your friends, let it be for fun activity but you will get to know where you stand in answering questions and controlling emotions in addition to your behavior. Do not worry about the questions you will be asked for, just imagine you are the best candidate to deliver the best answers. No one else there, but you will be the one securing it. You got to win it, full stop. 8. DO NOT BE A CHATTER BOX You may make a fatal mistake if you are about to speak too much. Remember to explain your point of view (answer) in limited words and calculated sentences. Talking too much will either get you off track from the main point or the interviewer’s attention would go yawning. While you are in a run and rush of answering beware not to commit any derogatory remarks about your previous employer, colleagues and experiences. Give the interviewer most positive vibes, finish your answer with a smile and let the next one be on the table, then one more. It is good to be social and communicative but the excess of this will eat up their minds. Let your thoughts end at a point where the interviewer will take more interest to know, and ask to elaborate, okay then you go on! 9. YOU MUST NOT BEG IN AN INTERVIEW Do not sound desperate in an interview and beg on knees. You must sit back with a full confidence and compete with your attitude. You are a unique breed and you have a unique class to show off, you are distinct. If they like you then fair enough and if they don’t still it’s fair enough. Those who keep this behavior and attitude of “please select me, sir please hire me” will make them panicky in the eyes of HR and secondly you show to lose your value of being a hopeful person. You are not going to sell yourself too short of your actual value. Stay determined and yes if this is not your seat then somewhere else somebody has already been refused and it is getting vacant for you. Strive hard but do not give away yourself so easily. 10. WHILE FINISHING THE INTERVIEW Once your interview has been completed please remember to be kind and courteous. No matter how much you’ve been pressurized, bashed and hard-faced in the interview but this is a moment when you’re about to leave with one last impression on the interviewer to remember you. As much possible be thankful, humble welcoming and respectful. One negative act or word or gesture from your side may turn the things upside down and then it would be useless to cry over spilt milk. You can always say the concluding remarks that it has been a pleasure meeting you and your staff. The experience has been very warm welcoming and I am looking forward to meeting you soon. If the interviewer wishes to drop you until the exit staircase / door, do not say no. 11. DISCUSS YOUR CAREER AND JOB GOALS Do explain and discuss your clear career and job goals. This is not a moment of lie in front of an employer. Refrain from saying ‘I can do anything’. You can do everything but you cannot do anything. Everything you do is where you are mastered for its knowledge and application. You must consider yourself equally important to land at a position that deserves you and where you could exercise your duties with a passion. Faking out things will only result in suffering for both in the future. It will not continue as smooth as you would imagine. Whatever questions you have got in your mind related to the job position you must share and discuss. The interviewer will be happy to explain you. Yes you may ask how big the department is and how the career ladder has been structured? Share what exactly is your interest and goal to work for this employer. You are going to become a member of the company to share its goals and your personal objectives. 12. TRIM YOURSELF Who does not wish to see a person who is good looking, handsome, beautiful and charming?Often little things create the biggest impact. While you are focusing on the interview and preparing yourself to answer the toughest questions and developing confidence to overcome nervousness give some extra time to yourself as well to look good. Make sure that your nails are properly trimmed. For gents get a decent haircut, trim your beard, and for ladies tie the hairs in a nicer fashion because you should not be adjusting them while sitting in an interview. If you wear spectacles and contact lens on alternate basis then ensure that while you would be wearing contact lens in an interview it must be comfortable to wear. 13. LIST DOWN & IDENTIFY YOUR POTENTIAL Most of the interviewers ask the common question to identify, analyze and discuss on your skills and expertise. You have to prepare yourself well in advance that when the question is probed you will be in a position to answer the following.
14. WHAT QUESTIONS TO BE ASKED There has to be no shyness in asking questions. You can ask any question as long as it is related and is in the job scope. Avoid asking personal questions from the interviewer like when did he joined the company, how has been his experience, about his family and his interest. The questions which you may ask are for example;
15. USE OF ADJECTIVES IN YOUR ANSWERS Merely speaking a language fluently is not everything. How advance and comprehensive your vocabulary is matters too. It is always a good practice to make use of the adjectives while answering the questions, where applicable. Your answers must resonate with your expression of speech and this is possible when you take help of adjectives to explain. Here are some of the adjectives as an example;
16. CONDUCT A RESEARCH ON EMPLOYER This part is often skipped believing what the interviewer would ask, nothing. In actual if you have conducted a thorough research on the employer and the job role itself for which you are about to be interviewed the better you are in a position to answer the questions. Visit the website of the company and study the different sections for products and services, about company, and the team members. It is also recommended that you check company’s social media channels where you will find the latest updates on events etc. Do not simply go to the interview blind-folded.The more you research on the employer and business the more you will feel comfortable and confident. Also you could relate in a much better way your answers and profile to the interviewer since you know the business operations and scope of the role. 17. WHAT ARE THE COMMON QUESTION ASKED Although this can vary depending on the role, organization and type of interview, however some common questions that are asked are listed below. The candidate must practice them before going for an interview. These questions seem easy to answer but really give candidates a hard time if no preparation has been made earlier and the mind has to think for the answers during the interview.
18. WHAT SHOULD BE THE VOICE TONE Expressions and voice tone conveys a lot about human personality. When a person speaks in a high pitch it gives a meaning of aggression and anger. The tone of voice during interviews should be well taken care of. If you believe you have a strong pitch and usually speak loud then pitch it down to the comfort of interviewer. Of course, when you have to emphasize on something you may express that from the voice pitch. If you have a lower voice tone then make sure during an interview it should be audible. Do not put the interviewer in a situation that he has to ask you again and again ‘could you repeat that for me please’. Make a good use of high and low tones. This determines you have exceptional communication abilities, able to emphasize the points during a discussion and have a good control on voice tone / pitch. It is a key for a Public Speaker / Trainer to have command on his tone. 19. ANSWER: WHY ARE YOU LEAVING THE JOB This question can be answered in many different ways. Here the interviewer wants to know an honest reason why you are planning or about to quit with your present employer. Answering to this very question can be tricky and certainly you must not give away personal information of the employer and its employees. A good way to answer this is to share that it has been a great learning experience with them. However, you have realized that it is a moment that I must go for more learning opportunities. And I believe and foresee a good chance in this role at your company. There is no harm in saying that you have more obligations to cover and meet the family needs. The children are growing up and sometime near they would be starting their school or the place you have moved has more residential cost as compared to the earlier one. Bottom line, just be honest with yourself and put the answer in a nice way but never talk negative on and about the employer. 20. ANSWER: WHY SHOULD WE HIRE YOU Okay, this is an opportunity here to sell yourself. The interviewer is giving you a chance for an open ended discussion where you can talk more on your skills, expertise and knowledge. This is a moment when you can impress him, convince him that you are the best candidate for the job and that you are the candidate who is pretty knowledgeable in the scope for this position. As said this is your selling point, be well prepared to list down top 7 skills / abilities related to that particular position you are being interviewed for. The key is to select those skillset which could benefit the employer on one side and help in achieving the job targets in parallel. For example: Your company deals in telecommunication industry and I have solid 8 years of experience in the same industry. I am well versed with the technicalities for this role and can be questioned at any time right now. I have certification in [——] from [——]. I am able to do [——]-[——]-[—–] as required by of this position. 21. ANSWER: WHY YOU WANT THIS JOB This question is a key to let the interviewer know that you have researched on the company very well, understand the job description, have an interest to do the role and this all will make you the perfect candidate they have been looking for. You must know the company basic information and be able to relate the job description to your skills and expertise. Here is how you can answer to this question: I have witnessed the company’s growth and how well they value their employees for their ideas and innovation. This is a challenging role and requires generating the ideas and bringing more innovation to the job. I have been engaged in similar projects earlier at my position and my innovations in [—] and [——] has outlasted the achievement records. For this position, I am finding myself again to deliver more and the best of me, and definitely contributing towards my skill development and benefiting your company for [——]-[——]. 22. ANSWER: HOW DO YOU HANDLE STRESS Let me tell you one thing if you are going to say I do not get stressed it would be a straight lie. The interviewer actually wants to know how you have handled stressed in the past at work. Perhaps the existing role requires multitasking, late hours sitting and frequent traveling etc. So better be prepared to script an incident from your work history and share how you have handled the stress at work. Do not talk more on how much you have been stressful but discuss more on the situation, who was involved, how it was dealt and what were the affects or results. You can also share that I have realized overtime that a little stress always happen to be a motivation factor for me. It drives me to be on the toes and pushes me to meet the deadlines. Although I am a self-starter and can work independently but whenever I am in a stressed situation I tend to think faster and devise solutions quickly. I enjoy working multitasking and challenging roles. 23. ANSWER: WHAT ARE YOUR FUTURE GOALS An interviewer may ask you about your future goals. He probes this question to get an understanding where you are heading in your short term and long term goals. Of course, no employer would hire someone who gives an impression to leave the company soon. So to be on a safe side, a tip is, keep your answer realistic, connected with the job you are being interviewed for and somewhat in line with organizational vision. The interviewer must get a feeling that you are going to work here for a longer period. Your short term future goals could be to go for a certification or course to enhance a particular skill and practice at the job. It can also be to visit one of company’s offices abroad for more learning and knowledge sharing. The long term goal (or vision) could be to progressively move in a management position and as well taking organization to its newer heights and success. Are you planning to quit your job? Do you think there could be no more advancement and learning for you? Is your job giving you not much what you have been expecting in terms of career development?
A mix of such feelings and expressions we face each and every second day. We feel lethargic at workplace and our attention to work is no longer a 100%. There is a moment when we have certain intuitions for our situations but we do not care for it. I personally have a strong belief in the ‘gut feelings’. Nothing in this world is purposeless. Do not be afraid what others’ will think about you if you quit or resign at this stage or point of time. You have to make a declaration to yourself that you must decide for a change and you must proceed to look for the best. Alright, so here are the top five reasons which could help you plan in continuing or quitting your job. 1. MENTAL HEALTH IS TORTURED It is adversely affecting your mental health. Getting sick of the daily routine and no motivation to work, fair enough to look for more opportunities. You cannot afford to be mentally sick at work. Remember that since the inception of technology we are caged in our desktop PC’s and laptops and much of the work is done through the brain. No more grants! 2. MISFIT IN JOB Falling at a job when you were in a dire financial need and now it is eating up your mind. At first you wish to be in an employment but now you are unable to focus at it because it is beyond your interest and expertise. Do not worry it is still not too late to look for a job where you feel passionate about working. 3. NO MORE FUN AT WORK If working is no longer a working anymore and you are hating it then stop blackening your heart and thoughts. Employee engagement activities are thrilled to pump employees’ motivation at work. Do you feel no joy at workplace then prepare to go for a change, you deserve something better. 4. NO VALUE IS GIVE Ah! There is no appreciation, no recognition and no thanks giving. What in the world you are doing then? Proving yourself to whom? Go and work where you are respected for your ideas, innovations and hard work. Your determination and being ‘on the toes’ must be valued by all means. 5. COMPANY CULTURE & WORKING ENVIRONMENT When you are unable to adjust in the work environment, working colleagues and the organization culture it is a good time to pause your day for few seconds and think seriously for yourself and your career. No problem! You can happen to be the misfit in the workplace in a good organization. If the colleagues are not supportive, the policies and practices are not followed officially and the culture is subject to ‘who you know’ then better jump out of this jive. You do a lot of efforts to search for job opportunities but it is becoming equally important to research on recruiters’ behavior and their mindset. 50% of the work is done for you if you have understood what they like, how they do and what they require. It might sound a little dry yet it does the magic. How would you feel if you are treated and dealt in a manner you want to be? Certainly awesome, right.
Here are top five things which recruiters want from you or a job seeker but will never tell or public it. TIMING IS MONEY This is first and foremost that impresses the recruiters. You are replying to their emails / calls promptly. As bad as you want a job they also have the deadlines to meet for the clients and to deliver profiles. We may think it is an ‘easy-go process’ but when it comes to actual grounds the recruiters are even working and sourcing remotely outside their office hours. If you happen to be in a conversation with a recruiter then be mindful to read between the lines, carefully read the emails and listen to their words on phone calls. You should not miss out any important information which is related to time and they are expecting to receive from you. YOU ARE NOT THE BUSINESS GOD It really gets funny if you are portraying yourself to be the God in the industry irrespective of your experience and qualification. This may give a feeling of a fake profile / experience unless it is in line with the job requirements. You need to make sure that your skills and expertise are adequately listed and reflect enough of the essential requirements which are needed. However, you additional proficiency will always be an advantage. Do not make a mistake to influence recruiters and to believe in your superlative profile. NO RESEARCH | VERY BAD Recruiters would love to hear your knowledge and this potentially is the gap where you as a candidate can take lead among others. If you have not done any research on the company and unaware what is happening in your industry it really imparts a negative impression. Here is an opportunity for you to give away your best and show them how prepared you are, the knowledge you have and as well your serious attitude to work for the company you know a lot about. BE HONEST WITH RECRUITERS Because you began so nicely with the recruiters and conversing in a professional manner, here is your test now. In case you are given a counter offer from another recruiter or a company then be honest with the recruiters whether or not you wish to withdraw your application and that you are going to join another employer. It is completely fine as long as you inform and update them well ahead and right in time. Believe me, the recruiters are your weapons for your job search. Be honest and do not mess up your business networking relationship. JUST FOLLOW UP DO NOT BE PUSHY I have noticed this and experienced that recruiters sometimes intentionally put you on hold just to see how you react in that time-frame. Following up is always a great practice to tell the recruiters that ‘hey, I am still active with you and looking forward to the next update’. Do not go on a sleep mode or start using a different email ID / phone number, you must be and remain in contact with them. Do not show your frustration and beg for updates every next day when you have spoken or conversed with a recruiter. Give a decent 3-5 working days gap to follow up. The game of job search is interesting. Recruiters are the defenders and you must show your talent and skills on the field to hit a goal. Friends!
Many students are asking questions about induction nowadays, here is my piece of advice. If you get a chance at a big 4 firm, it is good, do give it a serious try, but if you can't get such chance, do not waste your precious time pursuing the big 4 firms. Professional world doesn’t end at big 4. Further the Category A, B or C matters just for the audit function of the firm and revenue of the partners, it is big 4 and others,simply. Reference, Pawa or anything like that can't decide your future. Allah rewards hard work always. If you work hard you will be a successful professional no matter what firm you go. Dont keep complaining of others that they got bigger firms because of their references or anything, Life has always been like that its just that you are experiencing it for the first time. you are new to practical life, I want to tell you that nobody owes you anything here. you have to earn the respect, the money and prestige by your hard work. There are both advantages and disadvantages of big and small firms. The most important thing is that you should be able to pass the exams within articles. The firms having history of creating hurdles in the professional qualification should be avoided, be it big or small firm. Seniors advising on such issues should make sure that they do not put blames of their own inabilities on the firm. Honest advice is also a form of Sadqa. Further, ERP, TAX, Business Advisory are no less than audit department of a firm. Without undermining any other department, I would say people having experience of tax and corporate matters gets better paid jobs than others at times. Try to build a habit of putting yourselves in others' shoes , see the things from their prospective, Life will be easy. God bless you all Ameen. Aamir Shahbaz FCA. AB INITIO: "from the beginning"
AB INITIO VOID: Illegal from the beginning ACTION: a lawsuit or proceeding in a court of law. ACQUITTAL: A finding by a judge or jury that a person tried for committing a crime is not guilty. AFFIDAVIT: a written statement under oath. AGREEMENT: a verbal or written resolution of disputed issues. ALIMONY: a payment of support provided by one spouse to the other. ANSWER: A formal statement, generally written, stating the defense of a legal case. ANNULMENT: a marriage can be dissolved in a legal proceeding in which the marriage is declared void, as though it never took place. In the eyes of the law, the parties were never married. It is available only under certain limited circumstances. Certain religions also offer annulments to members, the basis of an annulment from the church may be different than the legal basis of divorce or annulment. APPEAL: A request to take a case to a higher court for review. No new evidence may be introduced during the appellate process; the reviewing court considers only whether errors occurred during prior proceedings. APPELLATE COURT: A court having jurisdiction of appeals—not a trial court. APPELLATE JURISDICTION: The power of a court to review a case that has already been tried by a lower court. ARBITRATION: A form of alternate dispute resolution where the disputants present their dispute to an impartial third party for decision after a hearing where both sides have an opportunity to be heard. Arbitration may be binding or nonbinding based on the agreement of the parties. ATTORNEY: A lawyer; one who is licensed to act as a representative for another in a legal matter or proceeding; one who is licensed to practice law. BAIL: To set free a person arrested or imprisoned (pending trial or resolution of an appeal), in exchange for security such as cash. Bail is forfeited if the person fails to appear in court as directed. BOND: In criminal law, a surety bond assures the appearance of the defendant or the payment of the defendant’s bail if the defendant fails to appear. BRIEF: A written document presented to the court by a lawyer which sets forth both the facts of the case and the law which supports the lawyer’s case. BURDEN OF PROOF: In the law of evidence, the necessity or duty of affirmatively proving a fact or facts in a dispute. Examples include "beyond a reasonable doubt" and "by a preponderance of the evidence." CERTIORARI: An original writ or court order commanding judges or officers of lower courts to certify or return records of proceedings in a cause for judicial review. CIVIL CASE: A matter or case outside of the criminal practice pertaining to the rights and duties of persons. Examples include contract cases and lawsuits arising out of personal injury or property damage. CHARGES: A formal accusation of having committed a criminal offense. CODE: A collection of laws arranged into chapters, table of contents, and index, and published by legislative authority. CODICIL: A supplement to a will. COMMON LAW: Law based upon previous decisions of courts. COMMON LAW MARRIAGE: Common law marriage comes about when a man and woman who are free to marry mutually agree to live together as husband and wife without the formal ceremony. The parties must hold themselves out to the public as being married. Common law marriages are invalid in many states. COMPARATIVE NEGLIGENCE: A defense to negligence where fault is measured in percentages and any damages shall be reduced by that percentage. See also contributory negligence. CONDONATION: the act of forgiving one's spouse who has committed an act of wrongdoing that would constitute a ground for divorce. Condonation generally is proven by living and cohabiting with the spouse after learning that the wrongdoing was committed and may used as a defense to a divorce. CONTEMPT OF COURT: An act which shows disrespect for the court’s authority. Civil contempt usually means a person has failed to obey a court order. Criminal contempt is when someone disobeys the court in the presence of the court. Contempt can be punished by a fine or imprisonment. One side can request that the court determine that the other side is in contempt and punish him or her. CONTRACT: A mutual agreement between two or more parties, in which each party gives up something of value and gains another thing of value. CONTRIBUTORY NEGLIGENCE: A complete defense to negligence when the defendant’s behavior causes an omission or neglect of reasonable precaution, care, or action, which is a proximate cause of his/her injury. Some states use this standard but most rely on the defense of comparative negligence. CONVICTION: Finding that a person is guilty beyond a reasonable doubt of committing a crime. CORPORATION: A legal entity created under state law most commonly intended to be in business. CRIMINAL CASE: A case concerning an act considered harmful to the general public that is forbidden by law and punishable by fine, imprisonment, or community service. DAMAGES: An amount of money which may be recovered in the courts by any person who has suffered loss, detriment, or injury through the unlawful act or negligence of another. DECREE: A decision or order of the court. A final decree is one which fully and finally disposes of litigation; an interlocutory decree is a preliminary decree which disposes of a particular issue within the litigation. DEED: A written instrument transferring a piece of real property. DEFAULT: A "default" in an action at law occurs when a defendant fails to appear at the trial or to plead within the time allowed. Typically, when a defendant defaults, the court enters an order in favor of the plaintiff. DEFENDANT: A person sued in a civil suit or accused of a crime. DEPOSITION: The testimony of a witness not taken in open court, but given under oath as a part of the discovery process. Deposition testimony may be introduced as evidence in a court proceeding. DISCOVERY: The pretrial process in which one party gathers facts and information from the other party in preparation for trial. DISSENT: A term denoting the disagreement of one or more judges of a court with the decision of the majority. DISTRICT ATTORNEY: A lawyer elected or appointed to serve as a prosecutor for the state in criminal cases. Also known as the state’s attorney. DOCKET: A list of cases on a court calendar maintained by the clerk of court. EN BANC: "On the bench;" all judges or justices of a court sitting together to hear a case. EVIDENCE: A fact presented before a court such as a statement of a witness, an object, etc., that bears on or establishes a point in question. FELONY: A crime considered to be of a graver nature than a misdemeanor. Examples of felonies include murder, kidnapping, manslaughter, burglary, robbery, and certain types of sexual abuse although different state legislatures may define different crimes as felonies. GRAND JURY: A group of citizens whose duty it is to inquire into a crime to determine if an indictment against a suspected criminal is warranted. GUARDIAN: A person vested with the power to take care of a disabled person or minor’s property and person. GUARDIAN AD LITEM: A special guardian appointed by the court to represent children or disabled persons during the course of litigation. HABEAS CORPUS: "You have the body." A petition to bring a person before a court or a judge. In most common usage, it is directed to the official person detaining another, commanding that the person to produce the body of the prisoner or person detained so the court may determine if such a person had been denied his or her liberty without the process of law. INDICTMENT: An accusation in writing found and issued by a grand jury, charging that a person named has done some act, or is guilty of some omission, which by law is a crime. INDIGENT: One who is needy or poor without the financial ability to retain an attorney. INFORMATION: A formal accusation of crime, based on an affidavit of a person allegedly having knowledge of the offense. INTERLOCUTORY: Preliminary. An interlocutory appeal involves an appeal of a matter within a case before the case is concluded or final. INTERROGATORIES: Written questions propounded by one party and served on an adversary, who must provide written answers under oath. A method of discovery. JURISDICTION: The right and power to interpret and apply the law. The extent of authority or control of the court. Many types of jurisdiction exists including subject matter, personal, territorial, concurrent and appellate. JURY: A number of people, selected according to law, and sworn to inquire of certain matters of fact and declare the truth upon evidence laid before them. JUVENILE CASES: Cases involving children (under eighteen years of age), including children accused of delinquent acts or neglected or abused children. LIEN: An encumbrance upon property, usually as security for a debt or obligation. MANDAMUS: The name of a writ, which is issued from a court of superior jurisdiction, directed to a lower court or a public officer, commanding the performance of a particular act. MECHANIC’S LIEN: A claim created by the statute which gives priority of payment for the price of work and materials for erecting and repairing building and improvements on land. MEDIATION: A form of alternate dispute resolution where a neutral third party acts as an intermediary assisting disputants to settle their dispute. MISDEMEANOR: Offenses considered less serious than felonies. MOTION: An application to the court requesting action in a pending case. Usually, a motion concerns an issue with the court’s discretion. NEGLIGENCE: The omission or neglect of reasonable precaution, care, or action. NOLO CONTENDERE: A statement by a defendant to the effect that he or she will not challenge a criminal charge made by the government. NOTICE OF APPEAL: A filing made with an appellate court to appeal a ruling made by a lower court. OPINION: A formal statement by a judge or justice of the law bearing on a case. ORDINANCE: A law passed by a city, town or county legislative body. ORIGINAL JURISDICTION: The power of a court to hear a case for the first time instead of waiting for the case to be tried in a lower court. PARENS PATRIAE: "Parents of the country." The doctrine under which the court protects the interests of a juvenile or other persons under disability. PAROLE: The supervised conditional release of a prisoner before the expiration of his/her sentence. If the parolee observes the conditions, he/she need not serve the rest of his/her term. PARTY: A person, business, or government agency actively involved in the prosecution or defense of a legal proceeding. PATENT: Government permission given to an inventor granting him/her the exclusive right to make or sell his/her invention for a term of years. PECUNIARY: Consisting of money. PERJURY: The criminal offense of making a false statement under oath. PER SE: "Taken by itself." PERSON: In the legal context, "person" includes individuals and corporate groups. PERSONAL PROPERTY: Tangible physical property (such as cars, clothing, furniture and jewelry) and intangible personal property (bank accounts, stocks and bonds). This does not include real property such as land or rights in land. PERSONAL RECOGNIZANCE: In criminal proceedings, the pretrial release of a defendant without bail upon his/her promise to return to court. PERSONAL REPRESENTATIVE: The person who administers an estate, sometimes also known as Executor. PETITIONER: The person filing an action in a court of original jurisdiction. Also called the Plaintiff or Complainant. The opposing party is called the respondent. PLAINTIFF: The person who files the complaint in a civil lawsuit. Also called the Complainant or Petitioner. PLEA: Defendant's answer to the charge - guilty, not guilty or nolo contendere. PLEA BARGAINING: The process through which an accused person and a prosecutor negotiate a mutually satisfactory disposition of a case. Usually it is a legal transaction in which a defendant pleads guilty in exchange for some form of leniency. It often involves a guilty plea to lesser charges or a guilty plea to some of the charges if other charges are dropped. Such bargains are not binding on the court. PLEA NEGOTIATIONS: Negotiations arrived at by the state and the defense for a fair disposition of the case and requiring approval by the court. PLEADING: A formal statement of facts and law, generally written, propounding the case of action or the defense of a legal case. POLLING THE JURY: The act, after a jury verdict has been announced, of asking jurors individually whether they agree with the verdict. POUR-OVER WILL: A will that leaves some or all estate assets to a trust established before the will-maker's death. POWER OF ATTORNEY: Formal authorization of a person to act in the interests of another person. PRAECIPE: A writ commanding the Clerk of Court to issue a subpoena or summons. PRELIMINARY HEARING: Synonymous with preliminary examinations; the hearing given before a magistrate or a judge to determine whether a person charged with a crime should be held for trial. PRESENTENCE INVESTIGATION REPORT: A report, generally prepared by a probation officer, which presents pertinent information needed by a judge to sentence a person convicted of a crime. PRETERMITTED CHILD: A child born after a will is executed, who is not provided for by the will. Most states have laws that provide for a share of estate property to go to such children. PRE-TRIAL CONFERENCE: A meeting between the judge and the lawyers involved in a lawsuit to narrow the issues in the suit, agree on what will be presented at the trial, and make a final effort to settle the case without a trial. PRECEDENT: A previously decided case that guides the decision of future cases. PREEMPTORY CHALLENGE: A challenge that may be used to reject a certain number of prospective jurors without giving a reason. PREPONDERANCE OF THE EVIDENCE: Greater weight of the evidence; Often described as 50.1% of the evidence; the common standard of proof in civil cases. PRIMA FACIE: "On the face of it." So far as can be judged from the disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary. PROBATE: The court-supervised process by which a will is determined to be the will-maker's final statement regarding how the will maker wants his/her property distributed. Probate also means the process by which assets are gathered, the Personal Representative is appointed, applied to pay debts, taxes, and the expenses of administration; and distribution to those designated as beneficiaries in the will. PROBATE ESTATE: Estate property that may be disposed of by a will. PRO BONO PUBLICO: "For the public good." Lawyers representing clients without a fee are said to be working pro bono publico. PRO SE: "In one's own behalf." A person representing himself/herself in court without the benefit of a lawyer. PROBABLE CAUSE: Reasonable belief that a crime was committed and that the named person committed the crime. PROBATION: A form of criminal sentence in which an offender agrees to comply with certain conditions imposed by the court rather than being incarcerated. PROSECUTE: To initiate legal or criminal court action against an accused. PROSECUTOR: A trial lawyer representing the government in a criminal case and the interests of the state in civil matters. In criminal cases, the prosecutor has the responsibility of deciding who and when to prosecute. Often referred to the District Attorney or State’s Attorney. PROXIMATE CAUSE: The act that caused an event to occur. A person generally is liable only if an injury was proximately caused by his/her action or by his/her failure to act when he/she had a duty to act. PUBLIC DEFENDER: An attorney hired by the government to defend persons accused of crimes who are unable or unwilling to hire their own attorney. Typically, a person must meet income requirements to be eligible for such representation. PUNITIVE DAMAGES: Damages in excess of actual damages that are assessed as a form of punishment. Typically, punitive damages apply when a defendant’s behavior is found to have been willful or malicious. QUASH: To vacate or void a summons, subpoena, etc. REAL PROPERTY: Land, buildings, and other improvements affixed to the land. REASONABLE DOUBT: An accused person is entitled to acquittal if, in the minds of the jury, his/her guilt has not been proved beyond a reasonable doubt; a doubt as would cause reasonable persons to hesitate. REASONABLE PERSON: A phrase used to describe a hypothetical person who exercises qualities of attention, knowledge, intelligence, and judgment that society requires of its members for the protection of their own interest and the interests of others. REBUT: Evidence disproving other evidence previously given or reestablishing the credibility of challenged evidence. RECORD: All the documents and evidence plus transcripts of oral proceedings in a case. RECUSAL: A judge excusing himself/herself from a case. REDRESS: To set right; to remedy; to compensate; to remove the causes of a grievance. RE-DIRECT EXAMINATION: Opportunity to present rebuttal evidence after one's evidence has been subjected to cross-examination. RELEASE ON OWN RECOGNIZANCE (ROR): Release of a prisoner by a judge with no bond requirement. See also Personal Recognizance. REMAND: To send back. Usually it is an appellate court that remands a case for proceedings in the trial court consistent with the appellate court's ruling. REMEDY: Legal or judicial means by which a right or privilege is enforced or the violation of a right or privilege is prevented, redressed, or compensated. REMITTITUR: The reduction by a judge of the damages awarded by a jury. REMOVAL: The transfer of a case from one court to another. It may be the transfer of a state case to federal court for trial; in civil cases, because the parties are from different states; or from one county to another in cases where is a significant possibility that there could not be a fair trial in the original court. REPLEVIN: An action for the recovery of a possession that has been wrongfully taken. RESPONDENT: The person against whom an appeal is taken. See PETITIONER. RETAINER: Act of the client in employing the attorney or counsel, and also denotes the fee which the client pays when he/she retains the attorney to act for him/her. This fee is deposited into a trust/escrow account until the fee is earned. RESTITUTION: The act of giving the equivalent for any loss, damage, or injury. An amount of money which an offender is ordered to pay as a consequence of a crime. Restitution can include compensation to the victim of a crime or the state. REVERSE: An action of a higher court in setting aside or revoking a lower court decision. REVERSIBLE ERROR: A procedural error during a trial or hearing sufficiently harmful to justify reversing the judgment of a lower court. REVOCABLE TRUST: A trust that the grantor may change or revoke. REVOKE: To cancel or nullify a legal document. ROBBERY: Felonious taking of another's property, from his or her person or immediate presence and against his or her will, by means of force or fear. RULES OF EVIDENCE: Standards governing whether evidence in civil or criminal case is admissible. SENTENCE: Judgment formally pronounced by a judge upon defendant after the defendant’s conviction in the criminal prosecution. SEQUESTER: To isolate. In high profile cases jurors are sometimes isolated to prevent them from being influenced by outside information. Witnesses may also be sequestered. SERVICE OF PROCESS: The act of providing an opposing party with notice of a pleading or action to assure that the opposing party is aware of the action and is given an opportunity to appear. STATUTE: A law adopted by the legislature. STIPULATION: An agreement by attorneys/parties on opposite sides of a case as to any manner pertaining to the proceedings or trial. TESTIMONY: Spoken evidence given by a confident witness, under oath, as distinguished by evidence derived by writings and other sources. TORT: An injury or wrong committed against another person or another person’s property. TRANSCRIPT: The official record of proceedings in a trial or hearing. TRIAL INFORMATION: A document filed by the prosecutor, which states the charges and evidence against a defendant in a criminal case. VERDICT: The formal decision or finding made by a jury and accepted by the court. WARRANT: A writ or order authorizing an officer to make an arrest, conduct a search, or to perform some other designated act. WILL: A written instrument directing the disposition of a person’s property after their death. WITNESS: One who testifies to what he or she has seen, heard, or otherwise observed or testifies to his or her opinion based on a hypothetical statement. WRIT: An order issued from a court requiring the performance of a specified act, or giving authority and commission to having it done. SUMMONS: A form issued by the court requiring a person to respond to a pleading, usually attached to a complaint, petition or motion. |