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Exam (elaborations)

MS BAIL EXAM REVIEW COMPLETE QUESTIONS AND SOLUTIONS

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MS BAIL EXAM REVIEW COMPLETE QUESTIONS AND SOLUTIONS

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MS BAIL EXAM REVIEW COMPLETE
QUESTIONS AND SOLUTIONS

◉ 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


◉ Conditional forfeiture.
Answer: Entered in a bail bond forfeiture to give the surety and/or
defendant time to explain to the court the reason for the defendant's
failure to appear. Will be finalized on a specific date if the defendant
is not surrendered or a satisfactory explanation is not given. Also
called an "order to show cause" or "conditional judgement" See Nisi
and "Scire Facias"


◉ Conditional judgment.
Answer: See Conditional forfeiture


◉ Concealment.
Answer: Intentional withholding of information of a material fact
that is crucial in making a decision.


◉ Consideration.

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