Bail Bonds and Regulation in Louisiana, Exams of Advanced Education

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Bail Bonds Louisiana Exam-with 100% verified solutions 2024 Tutor verified Acquit to set free:to judicially discharge from an acquisition;to clear (a person) of a criminal charge Bail Enforcement the apprehension or surrender of a principal by a natural person who is released on bail or who has failed to appear at and state of the proceedings to answer to the charge before the court, in which he may be prosecuted obligor the party who owes the duty or debt; principal; in bail,the defendant Appearance bond the range of a criminal defendant's bond Types of criminal defendant bonds Bail Bonds Appeal Bonds Supersedes Bonds Habeas Corpus Bonds Extradition Bonds Civil Contempt Bonds Ne Exeat Bonds Secured Personal Surety personal surety who meets all the qualifications of law and specifically, mortages, immovable property located in the state of Louisiana The Surety the individual/company who pledges to fulfill the obligation if the obligor defaults, or in lieu thereof, to pay a specified sum of money. The sum is called the face amount of the bond. Formal Contract A contract made binding by the oberservance of required formalities regardless of the giving of consideration; specifically a contract the is a contract underseal, a recognizance, a letter of credit, or negotiable instruments Poilcy/certificate any contract of insurance, indemnity, medical, health or hospital service, suretyship, or annuity issued, proposed for issuance, or intended for issuance by any insurer Insurance Companies and their producers are regulated by the Insurance Commissioner and his staff in the DOI; an of the lines of authority specified in RS 22:1547 Bail Monetary or other form of security to insure the appearance of the defendant at every stage of the criminal proceedings; any type of pretrial release Probable Cause Facts sufficient to cause a person of reasonable caution to believe a crime has been committed and if applicable that a specific person has committed the crime Appearance Bond in a criminal proceeding, guarantees that the defendant will appear in court each and every time he is ordered to do so until the case is disposed of by the court Exonerate to remover a burden or release from a duty. To free from responsibility Jump bail leaving the jurisdiction or any other act by a defendant to avoid a court appearance after a bail bond has been posted Judgment the decision of a court. In cases of forfeiture, the judgment is the court's order for the surety to pay Bail Bond Regulatory Board a 7 member board appointed by the Insurance Commissioner to assist the Dept. Of Ins. in the regulation of the bail industry Bail Bondsman a limited surety agent or professional bondsman, as hereinafter defined Co-sureties 2 or more sureties to the same obligation Department in this course, The Dept of Ins Liability In surety, an obligation, which must be preformed or otherwise fulfilled. The face amount of a bond. Indemnify to secure against loss; to insure; to hold harmless Indemnitor One who indemnifies Defendant one who must defend himself in some action of law. In criminal proceedings, the accused. In criminal surety bonds, the principal Collateralize to make secure with collateral Misrepresentation False statement made during the period of inducement to sign a contract Build-Up-Fund (BUF) A fund which is held in trust for the limited surety agent by the surety company and into which a portion of all bond premiums are paid. This fund is normally used to indemnify the company from losses, which might be caused by the agent Extradite to surrender or deliver (a fugitive) to another jurisdiction Contempt of Court an act or omission tending to obstruct or interfere with the orderly administration of justice or to impair the dignity of the court or respect for its authority A court possesses inherently all powers necessary for the exercise of its jurisdiction and the enforcement of its lawful orders. A court has the power to punish for contempt Courts have the jurisdiction and powers over criminal proceedings that are conferred upon them by the constitution and statues of this state 5 elements of Fraud 1. False Statement 2. The party who makes the statement must know its untrue Direct Contempt one committed in the immediate view and presence of the court and which it has personal knowledge ,or a contumacious failure to comply with a subpoena, summons, or order to appear in court, proof of service of which appears of record; a contumacious failure to comply with an order sequestering a witness Obligee the party to whom some obligation is due. In bail contracts, The State of Louisiana. As represented by the courts, is the obligee Delegate to appoint, authorize or commission Constructive contempt willful neglect or violation of a duty by a clerk, sheriff, or other person elected. willful disobedience of any lawful judgment order, etc. Rem0val of any person/property in the custody; unlawful detention of a witness Runner a person employed by a bail bondsman insurer or general agent for the purpose of assisting in presenting the defendant in court when required, to assist in the apprehension and surrender of the defendant, or to keep defendant under necessary surveillance. Has no power on his own and must work under supervision and cannot write or post bonds Conviction In criminal proceedings, the formal finding of the guilt of the defendant by a judge or jury Execute to complete and sign a document so that is becomes legally binding on the parties Discharge in reference to surety bonds, to fulfill the obligation of the bond. In bail bonds, the bond is said to be discharged when the case is disposed of General Agent an individual, partnership association, or corporation appointed or employed by an insurer to supervise or manage the bail bond business written by the limited surety agents licensed by the conpany Power of Attorney A written instrument authorizing an agent to perform certain acts on behalf of the principal Limited Surety Agent an individual who is appointed by an insurer, with power of attorney to execute or countersign bail bonds in connection with judicial proceeding and who receives or is promised money or other things of value therefor Insurer party who provides insurance and/or surety bonds. Defined in this course to mean any surety company licensed to transact business in Louisiana; shall be the same definition set forth in RS 22:46 Surrender the act by which an accused is delivered to the proper authorites Bail Bond The document executed to secure the release of an individual in custody of the law Felony a crime punishable by death, a life sentence, or a term for more than one year in the state penitentiary. More serious than a misdemeanor Capital Offence a felony for which the punishment may be the death penalty Recognizance a promise; undertaking Release on Recognizance Release from jail on the defendant's promise to appear. Refered to "recog" ot "ROR" Does not qualify for exemption bail Continuing Ed 12 hours every 2 years odd # years on birthday Continuing Ed Exempt Age 65 military medical DOI tracks 3 addresses for every licensed insurance producer Mailing Resident Business * 50 fine if DOI not notified Authorized Insurer shall has the same definition as set forth is RS 22:46 Business Entity a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity Commission a fee paid to an insurance producer as a percentage of this premium generated by a solid insurance policy or direct compensation or reward Home State the District of Columbia or any state or territory of the US in which an insurance producers maintain a principal place of residence or principal place of business and is licensed to act as an insurance producer Insurance Producer person required to be licensed under the laws of the state to sell, solicit, or negotiate insurance and includes all persons or business entities License a document issued by this state's commissioner of insurance authorizing a person to act as an insurance producer for the lines of authority specified in the document Limited Line Credit Insurance includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage disability and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the commissioner of insurance determines Limited Line Credit Insurance Producer an insurance producer who sells, solicits or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, or group individual party Limited lines Insurance any authority granted by the commissioner of insurance which restricts the authority of the licensee to less that the total authority prescribed in the association major lines pursuant to RS 22:1547 (a)(1-6)