Bail Bonds Key Terms and Definitions, Exams of Law

Download Bail Bonds Key Terms and Definitions and more Exams Law in PDF only on Docsity! Bail Bonds Fl State Exam Key Terms Complete 2023 Limited surety - Agents of insurance companies. Contract - A legally binding agreement between two or more people. Acquit - To set free Adjudicate - To decide a matter based on evidence presented by the court Affidavit - A written statement given voluntarily under oath before a notary or other official Agency - A business location at which a licensed and appointed bail bond agent engages in any activity under the license and appointment of bail bonds Appeal - The act of asking a higher court to review the judgement of a lower court and reverse the lower courts decision Appeal bond - Operates as a bail bond for an appellant in criminal case Appearance bond - In a criminal proceeding guarantees the defendant will appear in court Appellant - A person who brings an appeal Appellee - Party against whom the appeal is taken Attorney in fact - One who is an agent or representative of another who is given authority to act on behalf of another Authority (actual) - The authority expressly given to an agent by contract and or by a power of attorney Authority (Apparent) - The authority the public may reasonably believe an agent has Authority (express) - Same as actual authority Bail - Monetary or other form of security given to ensure the appearance of the defendant at every stage of the proceeding Bail bond - The document extended to secure the release of an individual in custody by law Bail bond agent - A limited surety agent of professional bail bond agent Bond - A written instrument in which a party agrees to perform some act for the benefit of a second party, and the third party agrees to pay the sum of money fixed as the penalty Bondsman - Same as bail bond agent Build up fund - An optional fu d that is held in trust for the limited surety company and into which all bond premiums are paid Capias - A writ commanding the arrest of a person so that he may be compelled to appear before the court Capital offense - A felony for which the punishment may be the death penalty Collateral security - Something of value given by or on behalf of the defendant to protect the surety from loss Collateralise - To make secure with collateral Committing magistrate - Any judicial officer with the power to commit a person to jail Concealment - Intentional withholding of material facts Consideration - The bargaining portion of a contract Contempt bond - Give. In civil cases to guarantee the principal will obey the orders of the court in the future. Contempt of court (civil) - Failure to do something the court has ordered for the benefit of another party to the proceeding Contempt of court (criminal) - An act of contempt against the court itself , usually occurs in the court itself. Punishment is usually given immediately and bail isn't possible Contract - A legally binding agreement between two or more people. Conversion - The unlawful assumption of ownership of the property of another Conviction - In criminal proceedings, the final finding of guilt by a judge or jury. Jump bail - Leaving the jurisdiction or any other act by a defendant to avoid a court appearance after bail has been posted Jurisdiction - The power to hear and determine a case Jury - A group of people called together to decide an issue at law Liability - An obligation that must be performed or otherwise fulfilled Limited surety agent - An individual who is appointed by an insurer by power of attorney to execute or counter sign bail bonds in connection with judicial proceedings and who therefore receives or is promised money or other things of value Magistrate - A public official vested with some part of the legislative, executive,or judicial power Managing general agent - An entity appointed or employed by an insurer to supervise or manage the bail bond business written in this state by bail bond agents appointed by the insurer Misappropriate - To use funds or property of another for a purpose other than that which was intended or legally required Misdemeanor - A crime punishable by fine or a term of one year or less in a facility other than state prison. Misrepresentation - False statements made during the period of inducement to sign a contract Misstatement - A lie Material - A lie told by the defendant to persuade a surety to write a bond Moral turpitude - Dishonesty of a high degree Motion - Application to a court requesting an order or ruling Ne exeat - No exit Ne exeat bond - Allows the defendant to go at large until the case is finally settled Writ of Ne exeat - Order from a judge in a civil case ordering one of the parties jailed to prevent then from leaving the state Nolle prosequi - Unwilling to prosecute No information - Formal declaration by a prosecuting attorney that an information will not be filed in a case Nolo contendre - I do not wish to contend Obligee - The party to whom an obligation is due Obligor - The party who owes the debt Pecuniary - Involving money Penal sum - Penalty Perjury - A false statement made under oath in a judicial proceeding Petition jury - Ordinary trial jury Power of attorney - A written instrument authorizing an agent to perform certain acts on behalf of the principal Premium - The sum paid to the bondsman for providing surety bond Presentence investigation - Investigation conducted by the probation department to assist the court in sentencing a criminal offender Pretrial intervention - A remedial program where by a defendant is removed from the regular court prices and placed into a voluntary program of probation Primary bail bond agent - A licensed bail bond agent who is responsible for the operation and management of a bail bond agency location Principal - The party giving power of attorney to another Probable cause - Facts sufficient to cause a person of reasonable caution to belie e a crime has been committed Professional bail bond agent - Any person who pledges property as security for bail bonds in judicial proceedings, and who therefore receives or is promised money or other things of value Rebate - The return of part of a fee or payment Recognizance - A promise Release on recognizance - A release from jail on the defendants promise to appear Remission - Release from a debt or obligation Revoke - To cancel permanently Rule - The Florida administration code Statute of frauds - An English statute stating that certain types of transactions must be in writing to be enforced Sufficiency - To decide whether the assets pledged are equal to the amount of the bond Sui juris - Of legal age and sound mind Supersedeas - You shall forebear (stay) Supersedeas bond - Allows a defendant their freedom during the period of the stay Writ of supersedeas - Writ requesting by a higher court requesting a delay in the carrying out of some order of the lower court Surety - One who undertakes to pay money or to perform some act if the principal fails to pay or perform Surrender - The act by which an accused is delivered to the proper authorities Surveillance - Oversight or supervision Temporary bail bond agent - A person operating under a temporary license Thwart - To make impossible True bill - Indictment Undertaking - A promise to perform some act Underwrite - To sign ones name assuming liability to insure the satisfaction of an obligation Vacate - To render void Waiver - The giving up of a known right Warrant (arrest) - A written order commanding the sheriff or other law enforcement officer to seize the named person.