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MS Bail Agent study guide
Appellant - Answer-a person who files an appeal Arraignment - Answer-A time when the defendant is advised of the charge and enters a plea. Attorney in Fact - Power of Attorney - Answer-One who is the agent or representative of another and is given authority to act in that person's place or name. Actual Authority - Answer-The authority the public may reasonably believe an agent. Express Authority - Answer-Same as actual authority Bail - Answer-Monetary or other form of security given to ensure the appearance of a defendant at every stage of the proceeding. bail bond - Answer-A document executed to secure the release of an individual in custody of law. bail agent - Answer-Any person who is paid a fee to execute a bail bond for another. Bail enforcement agent aka Bail Recovery Agent - Answer-A person licensed by MS Insurance Department and employed by a professional bail agent to provide assistance in presenting a defendant in court.
bind over - Answer-To hold fir trail or presentation to the grand jury. bond - Answer-Customarily a written instrument in which one party (the obligatory) agrees to perform some act for the benefit of a second party (obligee) and in which a third party (the surety) agrees to pay a sum of money as a penalty if the obligation fails to perform. Build up fund - Answer-Account set up to indemnify the company from the losses caused by the agent. Capias - Answer-A writ commanding the arrest of a person so that he may be compelled to appear before the court Capitol Offense - Answer-A felony fir which the punishment may be the death penalty. Serious of all crimes. writ of certiorari - Answer-An order to move a case from a lower court to a higher court for review. circumstantial evidence - Answer-Indirect evidence: secondary facts from which a conclusion may be drawn. code - Answer-An official compilation of all pertinent laws in force. collateral security - Answer-Something of value given by, or on behalf of the defendant to protect the surety from loss. commissioner - Answer-Commissioner of Insurance committing magistrate - Answer-any judicial officer with the power to commit a person to jail
Court - Answer-The physical place where justice is administered; the judge or judges involved in dispensing justice. Coverture - Answer-the legal status of a married woman. Conviction - Answer-In criminal proceeding, the formal finding of guilt against a defendant by a judge and or. Corporate surety - Answer-a legal business entity (a company) created for the purpose of issuing any and all types of bonds. Cosureties - Answer-Two or more sureties of the same obligation countersign - Answer-To sign with or on behalf of another. To endorse. default - Answer-To fail to do what is required. Defendant - Answer-One who must defend himself in some action at law. In criminal proceedings, the accused. In criminal surety bonds, the principal. delegate - Answer-To appoint, authorize, or commission. de novo - Answer-A second time. Department - Answer-Used in this course to designate the Department of Insurance.
Department of insurance - Answer-A division of the government of the state of MS which was established to regulate the Insurance industry. discharge - Answer-In reference to a surety bond, to fulfill the obligations of the bond. In bail, the bond is said to be "discharged" when the case is disposed of. disposition - Answer-In criminal cases, a final settlement, a termination of the case. Docket - Answer-The list of cases entered on a court's calendar. Docket book - Answer-A book used for entering all the cases pending before the court with brief notes on the progress of each particular case. double jeopardy - Answer-Being tried twice for the same crime Due Process - Answer-Imprecise team mentioned in the 5th amendment to the U.S. Constitution. Guarantees (more or less) that no person can be deprived of his property or personal freedom without a fair hearing in the court of law. equitable - Answer-That which is right and just, as opposed to that which is merely lawful. Equity - Answer-Justice/fairness Estreat - Answer-the legal process by which a court calls upon the surety to produce the body of the defendant. If the surety does not comply, the bond is forfeited. Evidence - Answer-Any form of proof including written documents and testimony from witnesses.
forfiet - Answer-To surrender something as a penalty for having failed to comply with a legally recognized obligation. fraud - Answer-Intentional deception resulting in damage to another. fugitive - Answer-One who leaves the jurisdiction of a court or who hides within the jurisdiction to avoid prosecution. Fugitive Bond - Answer-See extradition bond General Agent - Answer-An individual, partnership or corporation appointed by an insurance company to supervise the bail business written by limited surety agents who are appointed by company. grand jury - Answer-A body of people selected and summoned to investigate and inform on crimes committed within its areas of concern Habeas Corpus - Answer-Latin: "You have the body" Habeas corpus bond - Answer-operates as a bail bond while a decision is being made as to whether a prisoner was being unlawfully detained. Also guarantees the payment of court costs. writ of habeas corpus - Answer-Called "Great Writ" commands jailer or other official to bring prisoner before the court so that the court may decide the legality of the detention. Habitual Offender - Answer-career criminal. Any criminal that has 2 or more convictions
hearing - Answer-A court proceeding to determine some particular issue within a case, though occasionally an entire case is settled as a result of the hearing. Less formal than a trial. hold harmless - Answer-To protect from loss or liability, indemnify. Also called "save harmless" incarceration - Answer-confinement in jail or prison indemnify - Answer-To secure against loss; to insure; hold harmless Indemnitor - Answer-One who indemnifies. indictment - Answer-a formal accusation drawn by a prosecuting attorney and presented to a grand jury. information - Answer-a written accusation drawn by the prosecuting attorney charging an accused person with a crime injunction - Answer-Writ or order by a court prohibiting a certain action by a specific person or group. instrument - Answer-In law, a written document capable of being used as evidence. insurance - Answer-a contract between two parties whereby one party undertakes to indemnify or guarantee another against loss by a specific contingency or peril Insurer - Answer-Party who provides insurance or surety bonds. judgement - Answer-The decision of a court.
magistrate - Answer-A public official vested with some part of the judiciary. Example: refers to a judge in a lower court writ of mandamus - Answer-"We command" Writ from a higher court ordering a court of lesser jurisdiction to take some specified actions. mandate - Answer-Command from a court directing the enforcement of a judgement, sentence or other decree. mandatory - Answer-Dictated by law or commend by higher authority;obligatory MID - Answer-MS Insurance department misappropriate - Answer-To use funds or property of another for a purpose other than what intended for. Misrepresentation - Answer-A false statement made during the period of inducement to sign a contract. Misstatement - Answer-A falsehood; a lie Mississippi insurance department - Answer-A division of the government of the state of MS which was established to regulate the insurance industry mitigating circumstances - Answer-Circumstances which do not justify a crime but which may be considered in reducing the amount of sentence. moral turpitude - Answer-Baseness, vileness, or dishonesty of high degree.
Motion - Answer-Application requesting an order of ruling ne exeat - Answer-No Exit Ne Exeat Bond - Answer-allows the defendant to go at large until the civil case is finally settled. Guarantees he will not leave the state, will appear when ordered, and obey other orders of the court Writ of Ne Exeat republica - Answer-Order from a judge in a civil case ordering one of the parties to be at a specified time or place to satisfy debt. NISI - Answer-Latin "unless" used in law to indicate that a court decree will take effect at a specified time unless cause is shown why it should not or unless altered by later proceedings Noelle Prosequi - Answer-Declaration by the district attorney that a case will not be further prosecuted no information - Answer-Info will not be filed. Releases surety nolo contendere - Answer-Latin: "I do not wish to contend" Not actually a formal plea but a statement that a defendant will not offer a defense to an accusation. Usually treated as a guilty plea. oath - Answer-Oral pledge to speak the truth Obligee - Answer-The party to whom some obligation is due. In bail contracts the obligee is the State of MS Obligor - Answer-The party who owes the duty or debt;the principal. In bail contracts the defendant
Post conviction bond - Answer-Aka probation bonds or sentencing bonds precedent - Answer-A previously decided case which is recognized as the authority for future similar cases. preliminary hearing - Answer-Court proceeding conducted for purposes of determining whether a defendant should be bound over to grand jury preponderance of evidence - Answer-The greater weight of evidence of one party as compared to the opposing party in civil action Premium - Answer-The sum paid to a surety for providing insurance or a surety bond or bail bond pre-sentence investigation - Answer-investigation by a probation department to assist the court on sentencing a criminal offender principal - Answer-In a surety contract, the obligor. The party giving power of attorney to another. Power of Attorney (POA) - Answer-A written instrument authorizing an agent to perform certain acts on behalf of another Professional bail agent - Answer-Any bail agent who posts appearance bonds for others and charges a fee for his service probable cause - Answer-Facts sufficient to cause a person of reasonable caution to believe that a crime has been committed and that a specified person has committed a crime.
probation - Answer-A procedure by which a defendant who has been found guilty of a crime is released by the court without imprisonment. Probation bond - Answer-Known as post conviction bond pro se - Answer-Latin: " a in proper person" A person who acts as this own attorney quash - Answer-To vacate or void summons reasonable doubt - Answer-Doubt sufficient to cause a reasonable person to hesitate before acting in a matter of Rebate - Answer-To return part of fee or payment recognizance - Answer-A promise; undertaking release on recognizance - Answer-release from jail based only on the defendant's promise to appear for further court procedures Recovery Agent - Answer-Bail enforcement agent remand - Answer-to send back reversal - Answer-Action by higher court overturning the decision of a lower court remission - Answer-Release from debt or obligation
split sentences - Answer-sentence which requires a short term of incarceration followed by a period of probation suspended sentence - Answer-A sentence of the court which will not be imposed unless the defendant commits another crime during the term of sentence Soliciting bail agent - Answer-Any person who solicits and advertises on behalf of a professional bail agent Statute of Frauds - Answer-requires certain contracts to be in writing sua sponte - Answer-Latin: "of his her or their own accord" act of authority taken without formal prompting from another party. subrogate - Answer-to substitute one person for another sufficiency - Answer-Ampleness; Adequacy sui juris - Answer-Latin "able to contract" Signifies an adult who is able to take care of himself suo moto - Answer-Latin: "on its own motion" Approximately equivalent to the term sua sponte Supersedeas - Answer-"You shall forbear" supersedeas bond - Answer-In criminal proceedings, allows defendant his/her freedom during the period on the stay.
writ of supersedeas - Answer-Writ issued by higher court to command a delay in or stop to carry out of some order of a lower court. Commonly called "stay" Surety - Answer-One who agrees to pay money or perform some act of the principal fails Sentencing bond - Answer-See conviction bond Suretyship - Answer-Agreement between 3 parties- Principal, the oblige, and surety surrender - Answer-The act by which an accused is delivered to the proper authorities thwart - Answer-To make impossible true bill - Answer-Indictment undertaking - Answer-A promise to perform some act Underwriting - Answer-To sign ones name thereby assuming a liability to insure the obligation such as surety contract Vacate - Answer-To render void, to set aside Venire - Answer-Members of a jury panel verdict - Answer-A formal decision made by a jury.
