MS BAIL AGENT STUDY GUIDE
ACTUAL QUESTIONS AND CORRECT
ANSWERS
Appellant - ANSW-a person who files an appeal
Arraignment - ANSW-A time when the defendant is advised of the charge and enters a plea.
Attorney in Fact - Power of Attorney - ANSW-One who is the agent or representative of another and is
given authority to act in that person's place or name.
Actual Authority - ANSW-The authority the public may reasonably believe an agent.
Express Authority - ANSW-Same as actual authority
Bail - ANSW-Monetary or other form of security given to ensure the appearance of a defendant at every
stage of the proceeding.
bail bond - ANSW-A document executed to secure the release of an individual in custody of law.
bail agent - ANSW-Any person who is paid a fee to execute a bail bond for another.
Bail enforcement agent aka Bail Recovery Agent - ANSW-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 - ANSW-To hold fir trail or presentation to the grand jury.
bond - ANSW-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 - ANSW-Account set up to indemnify the company from the losses caused by the agent.
Capias - ANSW-A writ commanding the arrest of a person so that he may be compelled to appear before
the court
Capitol Offense - ANSW-A felony fir which the punishment may be the death penalty. Serious of all
crimes.
writ of certiorari - ANSW-An order to move a case from a lower court to a higher court for review.
circumstantial evidence - ANSW-Indirect evidence: secondary facts from which a conclusion may be
drawn.
code - ANSW-An official compilation of all pertinent laws in force.
collateral security - ANSW-Something of value given by, or on behalf of the defendant to protect the
surety from loss.
commissioner - ANSW-Commissioner of Insurance
committing magistrate - ANSW-any judicial officer with the power to commit a person to jail
, Conditional forfeiture - ANSW-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 - ANSW-See Conditional forfeiture
Concealment - ANSW-Intentional withholding of information of a material fact that is crucial in making a
decision.
Consideration - ANSW-The bargaining portion of a contract
Contempt Bond - ANSW-given in a civil contempt cases to guarantee the principal will obey the orders of
the court in the future
Civil Contempt of Court - ANSW-The failure to do something ordered by the court for the benefit of
another party to the proceedings.
Criminal Contempt of Court - ANSW-An 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 - ANSW-body of the crime
contract - ANSW-a legally binding agreement between two or more parties
Conversion - ANSW-The unlawful assumption of the ownership of property of another.
Court - ANSW-The physical place where justice is administered; the judge or judges involved in
dispensing justice.
Coverture - ANSW-the legal status of a married woman.
Conviction - ANSW-In criminal proceeding, the formal finding of guilt against a defendant by a judge and
or.
Corporate surety - ANSW-a legal business entity (a company) created for the purpose of issuing any and
all types of bonds.
Cosureties - ANSW-Two or more sureties of the same obligation
countersign - ANSW-To sign with or on behalf of another. To endorse.
default - ANSW-To fail to do what is required.
Defendant - ANSW-One who must defend himself in some action at law. In criminal proceedings, the
accused. In criminal surety bonds, the principal.
delegate - ANSW-To appoint, authorize, or commission.
de novo - ANSW-A second time.
Department - ANSW-Used in this course to designate the Department of Insurance.
ACTUAL QUESTIONS AND CORRECT
ANSWERS
Appellant - ANSW-a person who files an appeal
Arraignment - ANSW-A time when the defendant is advised of the charge and enters a plea.
Attorney in Fact - Power of Attorney - ANSW-One who is the agent or representative of another and is
given authority to act in that person's place or name.
Actual Authority - ANSW-The authority the public may reasonably believe an agent.
Express Authority - ANSW-Same as actual authority
Bail - ANSW-Monetary or other form of security given to ensure the appearance of a defendant at every
stage of the proceeding.
bail bond - ANSW-A document executed to secure the release of an individual in custody of law.
bail agent - ANSW-Any person who is paid a fee to execute a bail bond for another.
Bail enforcement agent aka Bail Recovery Agent - ANSW-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 - ANSW-To hold fir trail or presentation to the grand jury.
bond - ANSW-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 - ANSW-Account set up to indemnify the company from the losses caused by the agent.
Capias - ANSW-A writ commanding the arrest of a person so that he may be compelled to appear before
the court
Capitol Offense - ANSW-A felony fir which the punishment may be the death penalty. Serious of all
crimes.
writ of certiorari - ANSW-An order to move a case from a lower court to a higher court for review.
circumstantial evidence - ANSW-Indirect evidence: secondary facts from which a conclusion may be
drawn.
code - ANSW-An official compilation of all pertinent laws in force.
collateral security - ANSW-Something of value given by, or on behalf of the defendant to protect the
surety from loss.
commissioner - ANSW-Commissioner of Insurance
committing magistrate - ANSW-any judicial officer with the power to commit a person to jail
, Conditional forfeiture - ANSW-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 - ANSW-See Conditional forfeiture
Concealment - ANSW-Intentional withholding of information of a material fact that is crucial in making a
decision.
Consideration - ANSW-The bargaining portion of a contract
Contempt Bond - ANSW-given in a civil contempt cases to guarantee the principal will obey the orders of
the court in the future
Civil Contempt of Court - ANSW-The failure to do something ordered by the court for the benefit of
another party to the proceedings.
Criminal Contempt of Court - ANSW-An 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 - ANSW-body of the crime
contract - ANSW-a legally binding agreement between two or more parties
Conversion - ANSW-The unlawful assumption of the ownership of property of another.
Court - ANSW-The physical place where justice is administered; the judge or judges involved in
dispensing justice.
Coverture - ANSW-the legal status of a married woman.
Conviction - ANSW-In criminal proceeding, the formal finding of guilt against a defendant by a judge and
or.
Corporate surety - ANSW-a legal business entity (a company) created for the purpose of issuing any and
all types of bonds.
Cosureties - ANSW-Two or more sureties of the same obligation
countersign - ANSW-To sign with or on behalf of another. To endorse.
default - ANSW-To fail to do what is required.
Defendant - ANSW-One who must defend himself in some action at law. In criminal proceedings, the
accused. In criminal surety bonds, the principal.
delegate - ANSW-To appoint, authorize, or commission.
de novo - ANSW-A second time.
Department - ANSW-Used in this course to designate the Department of Insurance.
