Exam Prep) | Complete Review & Verified
Practice Q&A
Appellant - correct answera person who files an appeal
Arraignment - correct answerA time when the defendant is advised of the charge and
enters a plea.
Attorney in Fact - Power of Attorney - correct answerOne who is the agent or
representative of another and is given authority to act in that person's place or name.
Actual Authority - correct answerThe authority the public may reasonably believe an
agent.
Express Authority - correct answerSame as actual authority
Bail - correct answerMonetary or other form of security given to ensure the appearance
of a defendant at every stage of the proceeding.
bail bond - correct answerA document executed to secure the release of an individual in
custody of law.
bail agent - correct answerAny person who is paid a fee to execute a bail bond for
another.
Bail enforcement agent aka Bail Recovery Agent - correct answerA person licensed by
MS Insurance Department and employed by a professional bail agent to provide
assistance in presenting a defendant in court.
bind over - correct answerTo hold fir trail or presentation to the grand jury.
bond - correct answerCustomarily 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 - correct answerAccount set up to indemnify the company from the losses
caused by the agent.
, Capias - correct answerA writ commanding the arrest of a person so that he may be
compelled to appear before the court
Capitol Offense - correct answerA felony fir which the punishment may be the death
penalty. Serious of all crimes.
writ of certiorari - correct answerAn order to move a case from a lower court to a higher
court for review.
circumstantial evidence - correct answerIndirect evidence: secondary facts from which a
conclusion may be drawn.
code - correct answerAn official compilation of all pertinent laws in force.
collateral security - correct answerSomething of value given by, or on behalf of the
defendant to protect the surety from loss.
commissioner - correct answerCommissioner of Insurance
committing magistrate - correct answerany judicial officer with the power to commit a
person to jail
Conditional forfeiture - correct answerEntered 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 - correct answerSee Conditional forfeiture
Concealment - correct answerIntentional withholding of information of a material fact
that is crucial in making a decision.
Consideration - correct answerThe bargaining portion of a contract
Contempt Bond - correct answergiven in a civil contempt cases to guarantee the
principal will obey the orders of the court in the future
Civil Contempt of Court - correct answerThe failure to do something ordered by the
court for the benefit of another party to the proceedings.
Criminal Contempt of Court - correct answerAn act of contempt against the court itself;
usually occurs in the courtroom when the court is in session. Punishment usually
handed down immediately and bail is not normally possible
corpus delicti - correct answerbody of the crime