Bail Bond
regulation of bail comes under which of the following ?
-648 of the florida statues -chapter 690-221 of the administrative rules of the insurance commissioner -chapter 903 florida statues -all of the above*
which best describes the term "mens rea" ?
-a criminal intent -guilty mind -the intention to commit a crime -the intention to commit a crime -all of the above*
which of the following is correct regarding international torts ?
-a tort is civil wrong committed against an individual -one who commits a tort may be required to pay the medical bills of the victim -one who commits a tort may be required to pay damages to the victim -all of the above*
which are guarantees peculiar to appeal bonds ?
-appellant will abide by the decision of the appeals court & will surrender if and when so ordered -the appellant will vigorously pursue her or his appeal
which of the following is correct regarding selling bail bonds?
-completing all educational requirements & passing the state exam is necessary before a limited surety agent can begin to sell bail & other related criminal defendants bonds -before a limited surety agent can sell bail bonds or related surety, she or he must be appointed by a surety company as a bail bond agent or attorney-in-fact -a bail bond agent must register with the sheriff and clerk of the court in each county where she or he will do business and in the country where the limited surety agent resides -while other requirements may also apply, all of the above is required.
which are the correct regarding depositions ?
-depositions are taken, in writing, before a court reporter -the court has the power to order the compliance of one who refuses to comply with a deposition
which is most correct about the build up fund?
-every bail bond agent is required to have a build up fund before she or he may begin to write bonds -the build up fund protects the bail bond agent from losses caused by the surety or the general agent
which is most correct regarding the actions of a limited surety agent?
-if bond penalty exceeds agent's authority, then the bond is void -if bond penalty exceeds agent's authority, then the bond is voidable -if bond penalty exceeds agent's authority, then the bond is void and agent is responsible *none of the above
which of the following is a characteristic of surety ?
-it is a three party contract (obligor, obligee, surety) -it may not be canceled or non-renewed until the obligation is met
which of the following if any is a characteristic of insurance?
-it may be canceled or non-renewed until the obligation is met -its a two party contract
john agrees to vandalize bill's house for tom who bill fired. tom agrees to beat up phil who had an affair with john's wife. a contract is signed & notarized. john vandalizes bill's house. tom refuses to beat up phil?
-john has been "damaged" & may enforce the contract in a court of law -john may sue tom for money and/or for specific performance -a meeting of the minds occurred, contract is an enforceable agreement *None of the above*
which of the following is correct regarding aa defendant's legal status before being (adjudicated)?
-presumed guilty until proven innocent -presumed not guilty until proven guilty -presumed not guilty until proven innocent *none of the above
what is the purpose of discovery?
-provides each party in a lawsuit with the opportunity to acquire information about the other's case -discovery allows most cases to be settled prior to going to court -the discovery process includes interrogatories and statements made under oath -all of the above*
which of the following best describes the term "supersedeas"
-sometimes referred to as a "stay" -it orders a delay in or a stop to the proceedings of a lower court -it is a suspension of the trial court to issue an execution or judgement
which is correct regarding statements made by the contracting parties during the negotiations stage prior to signing a contract ?
-statements made are considered to be representations -a statement made in all honesty which is false is a misstatement -a misstatement makes the contract voidable by the party to whom the misstatement was made
which is/are required to be eligible for bail bond licenser?
-successfully complete 120 hour qualification course in criminal justice -successfully complete department approved correspondence course -pass the state exam for limited surety or professional bail bond agent
which of the following is/are guaranteed by a supersedeas bond?
-the defendant will surrender himself at the end of the the stay -the defendant will pay any additional costs incurred as a result of the delay
which of the following refer to the party who owes an obligation?
-the obligor -the principal (the defendant)
which is correct regarding statements made by the contracting parties during the negotiation stage prior to signing a contract?
-they are looked upon as truthful -statements made are considered to be representations
which is/are most correct regarding professional bond agents?
-they are not backed up by an insurance company -they justify their suretyship with cash, cashiers, check or US postal money order -they are independent business persons who take all the risks and recap all the profits
what is/are the functions of a managing general agent
-to appoint agents is the same as a managing general agent -to supervise or manage the bail bond business written in for a surety located in Florida
"The (1) reimburses the (2) when the (3) fails to appear on required date."
1. Indemnitor 2. Surety 3. Obligor
what is the minimum time a temporary limited surety agent must be licensed before being eligible for the state exam?
12 months
what continuing education requirements apply for a bail agents?
14 hours every 2 years by the last day of his birth month, following 2 years of licensing
a 15 year old has obtained false id and enters into a contract to sing at a country-western bar. the bar owner pays her $100 in advance, beverage laws mandate that all performers be at least 18 years old. the singer refuses to sing and has spent the $100. which is statement is most correct?
15 year old is not a "competent person." contract cannot be enforced
what is the maximum time period that a temporary limited surety license can remain in force?
18 months
once licensed, what is the maximum time allowed before becoming appointed, to avoid penalties?
2 years
within how many days must defendant in florida file an answer to a lawsuit ?
20 calendar days or a default judgement may be entered against him
how many hours weekly must an intern work to comply with the administrative rules?
30
for what period of time is the certification of completion of the prelicensing educational requirements valid?
4 years
what is the minim passing grade percentage on the state exam?
70 %
which is most correct about bail bonds and contracts?
a bail bond is a written contract
which is most correct about whom a bail bond agent may employ at her or his agency to do surveillance, arrest or assist in presenting defendants in court?
a licensed temporary limited surety agent working as an intern, at that agency only
which of the following is/are correct?
a limited surety agent pledges the assets of the surety company to guarantee a bond
which of the following is not an element of fraud?
a person makes a statement they believe is true but it is actually false.
which of the following is most correct about an attorney-in-fact?
a surety (insurer) company can appoint an attorney-in-fact
which contract cannot be enforced in court by either party?
a void contract
what situations satisfy an extradition bond and release the surety? 1. surrender of the defendant 2. determination that the defendant is not the person named in the warrant 3. if the arresting state decides not to honor the request for extradition
all of the above
which defines the principle of insurance called the "contract of adhesion?"
ambiguities are resolved in favor of the insured
which is best defines a contract?
an agreement with specific terms between two or more persons or entities in which there is a promise to do something in return for a valuable benefit known as consideration
what is a natural person?
an individual
which is not a requirement to become a limited surety agent?
applicant must be age 21 or older
what is the surety's authorization to the department allowing a limited surety agent to write bonds for them called?
appointment
which is correct is alan breaches a contract he has entered into with bob?
bob is excused from further performance of contract; he may sue Alan for money or specific performance
which is most correct about when an appeal bond is satisfied?
charges are dismissed or defendant has surrendered to sheriff
which bond, if any, does not guarantee the defendant will appear in court?
civil contempt bond
Which of the following is correct regarding compensatory damages ?
compensatory damages pay a victim for his loss
what term applies if one party withholds information which, if known, would have prevented the other party from entering into the contract?
concealment
if one party makes false statements in an effort to get someone else to enter into the contract, which statement is most correct?
contract is voidable. fraud in inducement
if a person signs one contract but believes they are signing a different contract, which statement is correct?
contract is voidable. fraud in the execution
which is most correct regarding contracts for illegal purposes?
contracts for illegal purposes are not enforceable at law
what guarantee is common to all criminal defendants bonds?
defendant will not depart the court's jurisdiction without leave (permission)
what is the temporary limited surety agent prohibited from doing?
deliver bonds to the jail to have defendants of the agency where he works released
which is correct regarding false arrest action?
false arrest results when someone restrains another with no legal authority to do so
what time period is necessary to maintain records on bonds executed?
for 3 years from date of discharge of bond
what does extradition mean?
from the latin translation : "the deliver out"
which is most correct about the function of a temporary limited surety agent?
he is allowed to assist in apprehending & arresting defendants for his employer
with no other considerations, which is most correct regarding a temporary limited surety agent and collateral?
he may not handle collateral and is not allowed to deliver collateral receipts
Which of the following is/are examples of criminal defendants bonds? i. civil contempt bond ii. plaintiff bond iii. supersedeas bond
i & iii only
which of the following is/are guaranteed by a habeas corpus bond? i. defendant will surrender if it is determined that the original imprisonment was lawful ii. defendant will pay any additional costs incurred by the state if the original charge was lawful iii. defendant will pay any additional costs incurred by the state if the original charge was unlawful
i and ii
which of the following is/are correct regarding criminal contempt? i. it is contempt against the court ii. it happens while the court is in session iii. it is not a bailable offense iv. examples include failure to obey the orders of the court (child support, restraining order)
i, ii, iii
which is most correct about the enforcement of contracts?
if both (all) parties can enforce it, it is valid
which if any is most correct about summary judgements?
if it can be proved that no genuine issue of material fact exists, and the judgement is entitled as a matter of law, the case can be won without going to court
if an agent does not secure an appointment within the required time period, what consequences may result? i. he may have to take the state exam again ii. he must take the state exam again iii. he may have to attend & successfully complete the educational requirements again iv. he must attend and successfully complete the educational requirements again
ii and iii
what ways can a bail bond agent's license be issued? i. fugitive recovery agent ii. professional bail bond agent iii. limited surety agent
ii and iii
which is most correct about the build up fund?
it protects the surety from losses incurred by the bail bond agent. Maximum of 40% of premium may be held back. A lower amount can be withheld at the discretion of the general agent.
who is/are prohibited from holding an appt as a bail bond agent or from profiting directly or indirectly from the bail bond business
jailers or employees of any jail
what can a licensed temporary limited surety agent do?
keep defendants of the agency under surveillance
jack has a car for sale. jim needs a car but has no money. jack has a big yard and jim agrees to mow jack's yard every weekend for the next two years in exchange for the car. they draw up & sign a contract. which is correct?
mowing the yard would be good and valuable consideration for jack.
a 15 year old is arrested for computer hacking. as a hacker he has earned quite a bit of money. he is afraid to call his father to post his bail so instead calls a bail bond agency, pays the premium himself and posts collateral. which statement is most correct?
none of the above
which if any is correct regarding privileged information?
none of the above
which of the following situations allow an appearance bond to be continued when the defendant is appealing the decision of the court?
none of the above
which two parties may sometimes be the same?
obligor & indemnitor
which best defines a bilateral contract ?
one in which the courts will determine there is a contract based on the circumstances
which best defines a unilateral contract?
one in which there is a promise to pay or give other consideration in return for actual performance
what is lying while under oath in a judicial proceeding called?
perjury
which term best defines lying while under oath in a judicial proceeding?
perjury
which of the following if any is correct regarding punitive damages?
punitive damages are designed to punish the wrongdoer and set an example for others
which of the following is correct about an attorney-in-fact?
she/he is appointed by a surety attorney-in-fact exam
which party to a surety bond makes the guarantee ?
surety
what one feature of bail sets it apart from all others contracts?
the defendant is a party to the contract even if she/he does not sign it
which best define the parties in a civil suit ?
the defendant is being sued. the plaintiff is the party bringing the legal action against the other
what is guarantee of a bail bond ?
the defendant will appear will appear each and every time he is ordered to do so by the court
which of the following is/are guarantees provided in a civil contempt bond?
the defendant will not depart the jurisdiction of the court without leave (permission)
who regulates insurance companies and insurance agents?
the department of financial services
who is the obligee in a bail bond when the crime is against the state?
the governor of the state
which best describes the term "actus reus"
the guilty act
which of the following refer to the party to whom an obligation is owed?
the obligee
what is the amount of the bond called?
the penal sum
who is the obligee in a bail bond when the crime is against the united states?
the president of the united states
what is the maximum number of companies who may appoint a limited surety?
there is no maximum limitation imposed by statue
how would your answer differ if the 15 year old singer was mentally retarded?
there would be no difference based upon this additional info
which if any is correct regarding limited surety agents?
they are backed up by an insurance company
what does "forfeit" mean?
to lose or give up something of value for a specific for a specific reason
which describes the purpose of a motion in an application to the court ?
to obtain a ruling or order directing some act be done in favor of the applicant
what does "execute" mean when bond agents say they "executed a bond?"
to put a bond into force
which if any of the following are correct regarding torts & crime?
tort is a civil wrong committed against an individual, a crime is an intentional wrong against society
which term best defines the giving up a known right?
waiver
which term best defines the giving up of a known right?
waiver
when is habeas corpus bond used?
when the defendant alleges that she/he is being detained without proper cause
