All Florida County Bail Bonds
AFTER LICENSURE AS A TEMPORARY LICENSEE FOR AT LEAST ,SUCH LICENSEE MAY FILE AN APPLICATION FOR AND BECOME ELIGIBLE FOR A REGULAR BAIL BOND AGENTS LICENSE BASED ON THE LICENSEES EXPERIENCE IN THE BAIL BOND BUSINESS. a) 12 months b) 18 months c) 24 months d) None of the above
a) 12 months
COURTNEY WRITES BONDS FOR SIX DIFFERENT BAIL BOND AGENCIES. HE ADVERTISES AS "FLORIDA ALL COUNTY BAIL BONDS" AND LISTS HIMSELF AS THE PRESIDENT ON HIS BUSINESS CARDS. WHICH OF THE FOLLOWING IS CORRECT: a) A bail bond agent may not advertise under a trade name unless the name and address appears on the agent's letterhead. b) This is allowed under Florida statute once he advises the department. c) Both A and B above are correct d) None of the above are allowed
a) A bail bond agent may not advertise under a trade name unless the name and address appears on the agent's letterhead.
A PROFESSIONAL BAIL BOND AGENT IS: a) Any person who pledges Unites States currency, money orders or cashier's check to post bonds b) Any person who pledges the assets of an insurance company to post bonds c) Professional Bail bond is not recognized under Florida statute d) All of the above are correct
a) Any person who pledges Unites States currency, money orders or cashier's check to post bonds
WHEN A REPRESENTATIVE MAKES A STATEMENT WHICH PRIMA FACIE IS TECHNICALLY TRUE WHEN HOWEVER, THIS MAY ONLY TELL HALF OF THE STORY IS CALLED; a) Distortion of fact b) Fraud c) Concealment d) None of the above are correct
a) Distortion of fact
WHAT HAPPENS WHEN FALSE STATEMENTS OR PROMISES ARE MADE BY A SELLER OF GOODS REGARDING THE QUALITY OR NATURE OF A PRODUCT THAT THE SELLER HAS? a) Misrepresentation b) Concealment c) None of the above d) All of the above
a) Misrepresentation
THE POWER OR AUTHORITY OF A COURT TO HEAR AND TRY A CASE IN THE FIRST PLACE IS CALLED: a) Original Jurisdiction b) Personal Jurisdiction c) Indictment d) Arraignment
a) Original Jurisdiction
JOE, A BAIL BONDSMAN RECEIVED A CALL FROM A DEFENDANT WHO WANTS TO BE BONDED OUT OF JAIL. JOE IS OUT OF STATE ON A PICK-UP AND CALLED BOBBY, HIS NEIGHBOR WHO IS ALSO A BAIL BONDSMAN TO POST THE BOND. JOE AGREES THAT HE WILL DIVIDE THE PREMIUM 60%/ 40% WITH THE 60% GOING TO BOBBY. WHICH OF THE FOLLOWING IS CORRECT; a) This is allowable under the statute once the insurance company is paid b) A bail bond agent may not divide with others, or share with any commissions payable on account of any bail bond c) Both A and B is correct d) None of the above is correct
a) This is allowable under the statute once the insurance company is paid
A BAIL BOND AGENT MAY UPON WRITTEN AGREEMENT WITH ANOTHER PARTY RECEIVE A FEE OR COMPENSATION FOR RETURNING TO CUSTODY AN INDIVIDUAL WHO HAS FLED THE JURISDICTION OF THE COURT OR CAUSED THE FORFEITURE OF THE BOND. WHAT IS THE MAXIMUM TRANSPORTATION FEE ALLOWED IN FLORIDA? a) $500 b) $100 c) $200 d) $700
b) $100
FAILURE TO NOTIFY THE DEPARTMENT WITHIN THE REQUIRED TIME PERIOD SHALL RESULT IN THE APPOINTING ENTITY A DELINQUENT FEE OF; a) $100 b) $250 c) $500 d) None of the above
b) $250
EACH REGISTERED BONDSMAN IS REQUIRED TO COMPLETE EDUCATIONAL REQUIREMENTS IN ORDER FOR THE LICENSE TO REMAIN ACTIVE. WHEN SHOULD THIS BE DONE? a)14 hours every year by your birthday, following your first year of licensure b) 14 hours every 2 years by the last day of his birth month, following two years of licensure c) 7 hours every year by your birthday, following your first year of licensure d) 7 hours every 2 years by the last day of his birth month, following two years of licensure
b) 14 hours every 2 years by the last day of his birth month, following two years of licensure
8. THE TEMPORARY LICENSE SHALL BE EFFECTIVE FOR SUBJECT TO EARLIER TERMINATION AT THE REQUEST OF THE EMPLOYER OR IF SUSPENDED OR REVOKED BY THE DEPARTMENT; a) 12 months b) 18 months c) 24 months d) None of the above
b) 18 months
THE DEPARTMENT SHALL NOT ISSUE A TEMPORARY BAIL BOND AGENTS LICENSE TO ANY INDIVIDUAL WHO HAS HELD SUCH A TEMPORARY LICENSE IN THIS STATE WITHIN AFTER EXPIRATION OF SUCH TEMPORARY BAIL BOND AGENT'S LICENSE. a) 12 months b) 2 years c) 4 years d) None of the above
b) 2 years
EACH EMPLOYER OF A TEMPORARY BAIL BOND AGENT MUST PROVIDE THE TEMPORARY AGENT WITH THE OPPORTUNITY TO WORK AT LEAST: a) 40 hours a week full time b) 30 hours a week full time c) 20 hours per week part-time d) None of the above are correct
b) 30 hours a week full time
WHAT IS THE MAXIMUM AMOUNT THE INSURER CAN CHARGE THE SURETY FOR THE BUILD-UP-FUND (BUFF)? a) 20 percent b) 40 percent c) 100 percent d) 50 percent
b) 40 percent
MICHELLE, A BAIL BONDSMAN RECENTLY OPENED A BAIL BOND AGENCY AND EMPLOYED A PRIMARY AGENT TO SUPERVISE THE OFFICE. MICHELLE NAMES THE COMPANY "FREE RELEASE BAIL BONDS." WHICH OF THE FOLLOWING IS CORRECT. a) This is allowed under Florida statute b) A bail bond agent may not use any advertisement or advertise under any name that includes the word free. c) A defendant can be released on a surety bond without the payment of a premium. d) None of the above is correct.
b) A bail bond agent may not use any advertisement or advertise under any name that includes the word free.
PRIOR TO ANY APPOINTMENT, AN APPROPRIATE OFFICER OR OFFICIAL OF THE APPOINTING INSURER IN THE CASE OF A BAIL BOND AGENT OR AN INSURER, MANAGING GENERAL AGENT, OR BAIL BOND AGENT IN THE CASE OF A TEMPORARY BAIL BOND AGENT MUST SUBMIT: a) A signed statement of affidavit to the department b) A certified statement or affidavit c) Both A and B above are correct d) None of the above are correct
b) A certified statement or affidavit
6. WHICH OF THE FOLLOWING IS CORRECT? a) A temporary limited surety agent can work with any amount of bondsmen during his internship period b) A temporary agent can be employed by only one licensed and appointed supervising bail bond agent c) The temporary agent may be appointed by different insurers separate from the supervising agent d) All of the above is correct
b) A temporary agent can be employed by only one licensed and appointed supervising bail bond agent
MIKE, A TEMPORARY BAIL BOND AGENT IS EMPLOYED AT TGN BAIL BONDS AS A FULL-TIME INTERN. ON WEEKENDS, MIKE ALSO ASSISTS HIS COUSIN BOB WHO OWNS A BAIL BOND AGENCY IN THE SAID COUNTY. CIRCLE THE CORRECT ANSWER BELOW. a) Mike can do this once he advises the Primary agent at TGN where he works full-time b) A temporary licensee may not operate at an agency separate and apart from the location of the supervising agent of the office he is employed c) Mike is allowed to do this once he is not employed full-time at Bob's agency d) Both A and C above are correct
b) A temporary licensee may not operate at an agency separate and apart from the location of the supervising agent of the office he is employed
WHICH OF THE FOLLOWING STATEMENTS BELOW IS CORRECT? a) Statements of opinion are often seen as sufficient to produce a misrepresentation b) An action in misrepresentation can only be brought by a representee c) A misrepresentation does not exist if the representative discovers that the statement was false d) None of the above is correct
b) An action in misrepresentation can only be brought by a representee
A BAIL BOND AGENT SHALL REGISTER AND FILE A CERTIFIED COPY OR RENEWING POWER OF ATTORNEY BY: a) June 1 of each even numbered year b) April 1 of each odd numbered year c) January 1st of odd even numbered year d) April 1 of each even-numbered year
b) April 1 of each odd numbered year
REASONABLE BUSINESS HOURS MEANS: a) At least eight hours daily between the hours of 8:00am and 6:00pm, Monday thru Friday including legal holidays b) At least eight hours daily between the hours of 8:00am and 6:00pm, Monday thru Friday except for legal holidays c) More than eight hours daily between the hours of 8:00am and 6:00pm, Monday thru Friday including legal holidays d) None of the above is correct
b) At least eight hours daily between the hours of 8:00am and 6:00pm, Monday thru Friday except for legal holidays
WITHIN HOW MANY YEARS MUST EACH LICENSEE MAINTAIN IN HIS/ HER OFFICE, BAIL RECORDS IF BAIL BONDS EXECUTED OR COUNTERSIGNED BY HIM /HER TO ENABLE THE DEPARTMENT TO OBTAIN ALL NECESSARY INFORMATION CONCERNING BAIL BONDS; a) Immediately b) At least three years after the liability of the surety has been terminated c) At least two years after the liability of the surety has been terminated d) Twelve months
b) At least three years after the liability of the surety has been terminated
ALL OF THE FOLLOWING IS TRUE ABOUT THE PROFESSIONAL BONDSMAN EXCEPT: a) Pledges U.S. currency, US postal money order and cashier's check b) Backed by an insurance company c) Pledges property as security for bail bonds in judicial proceedings d) All of the above is correct
b) Backed by an insurance company
4. IF A PERSON IS ADMITTED TO BAIL ON APPEAL COMMITS AND IS CONVICTED OF A SEPARATE FELONY WHILE FREE ON APPEAL, WHAT ACTION CAN BE TAKEN? a) Defendant gets released on own recognizance b) Bail on appeal revoked and the defendant committed forthwith c) Nothing happens d) Both B and C above is correct
b) Bail on appeal revoked and the defendant committed forthwith
IN ORDER TO BE BOUND BY A CONTRACT, A PERSON MUST HAVE THE LEGAL ABILITY TO FORM A CONTRACT IN THE FIRST PLACE. WHAT IS THIS CALLED? a) Incapacity to contract b) Capacity to contract c) Void in the execution d) None of the above is correct
b) Capacity to contract
WHICH TWO CHAPTERS OF THE FLORIDA STATUTES GOVERNS BAIL BONDSMEN IN THE STATE OF FLORIDA? a) Chapters 649 and Chapter 904 b) Chapters 648 and Chapter 903 c) Chapters 483 and Chapters 905 d) All of the above applies
b) Chapters 648 and Chapter 903
WHO REGULATES INSURANCE COMPANIES AND INSURANCE AGENTS IN FLORIDA? a) Bail Bond Regulatory Department of Florida b) Chief Financial Officer c) Lexington Insurance Company d) None of the Above
b) Chief Financial Officer
A SERIOUS CRIME PUNISHABLE BY A TERM OF MORE THAN ONE YEAR IS REFERRED TO AS: a) Misdemeanor b) Felony c) Both A and B above d) None of the above
b) Felony
JOSH HANDED OVER A PICTURE TO AN AGENT FOR SALE ON HIS BEHALF. THE AGENT KNEW OF THE PICTURE'S TRUE WORTH BUT HE WENT AHEAD AND PURCHASED IT FOR A CONSIDERABLY LOWER PRICE. JOSH SUBSEQUENTLY DISCOVERED THE PICTURE'S TRUE WORTH. WHAT REMEDIES CAN JOSH PURSUE? a) Contract has to stand as Josh already sold the painting which is final b) File a lawsuit to rescind the contract c) Both A and B above is correct d) None of the above is correct
b) File a lawsuit to rescind the contract
Who sets the amount of the bond? a) The Governor of the County where defendant was arrested b) First appearance judge c) Department of Corrections d) Huggins Bail Bonds and Investigations
b) First appearance judge
7. A SUPERVISING AGENT SHALL CERTIFY MONTHLY TO THE DEPARTMENT UNDER OATH, ON A FORM PRESCRIBED BY THE DEPARTMENT, THE NAMES AND HOURS EACH WEEK OF ALL TEMPORARY BAIL BOND AGENTS. WHAT IS THE PUNISHMENT FOR FILING A FALSE CERTIFICATION TO THE DEPARTMENT? a) Immediate suspension of the license or imposition of a $5000 administrative fine b) Immediate suspension of the license and imposition of a $5000 administrative fine c) Revocation of the license and imposition of a $10000 administrative fine d) Revocation of the license and imposition of a $10000 administrative fine
b) Immediate suspension of the license and imposition of a $5000 administrative fine
A person who is arrested by the Immigration and Naturalization service and is issued a warrant arrest may be eligible for; a) Federal Bond b) Immigration Bond c) Surety Bond d) A customs bond
b) Immigration Bond
WHAT IS THE NAME OF THE PERSON IN CHARGE OF THE DEPARTMENT OF FINANCIAL SERVICES; a) Jebb Bushwater b) Jimmy Patronis c) Jeff Atwater d) None of the above
b) Jimmy Patronis
THE BRANCH OF GOVERNMENT VESTED WITH THE POWER TO INTERPRET AND APPLY THE LAW, THE COURT SYSTEM IS THE; a) Supreme Court b) Judiciary c) Legislative d) Executive
b) Judiciary
WHAT TYPE OF MISREPRESENTATION OCCURS WHEN THE DEFENDANT CARELESSLY MAKES A REPRESENTATION WHILE HAVING NO REASONABLE BASIS TO BELIEVE IT TO BE TRUE? a) Innocent Misrepresentation b) Negligent misrepresentation at Common Law c) Negligent Misrepresentation under Statute d) Fraudulent Misrepresentation
b) Negligent misrepresentation at Common Law
THE FORMAL DECLARATION BY THE PROSECUTING ATTORNEY THAT A CASE WILL NOT BE FURTHER PROSECUTED IS REFERRED TO AS: a) No information b) Nolle Prosequi c) Defendant plead guilty d) None of the above is correct
b) Nolle Prosequi
WHEN A PERSON IS RELEASED FROM CUSTODY ON HIS OWN RECOGNIZANCE, HOW MUCH MONEY ARE THEY REQUIRED TO PAY? a) 10% of the bond b) None c) $500 d) All of the above
b) None
THE PLACE OF BUSINESS OF THE APPLICANT FOR LICENSURE SHALL BE ALL OF THE FOLLOWING EXCEPT: a) In the county where the applicant will maintain his or her records b) Not located in this state c) Be actively involved in the bail bond business d) Maintain an agency accessible to the public which is open for reasonable business hours
b) Not located in this state
WHICH OF THE FOLLOWING IS CORRECT. A BAIL BOND AGENT OR TEMPORARY BAIL BOND AGENT MAY: a) Pay a fee or rebate or give or promise anything of value to a jailer, police officer, peace officer or committing judge b) Not pay a fee or rebate or give anything of value to an attorney in a bail bond matter, except in defense of any action on a bond c) Participate in the capacity of an attorney at a trial or hearing of one on whose bond he or she is surety d) All of the above are prohibited
b) Not pay a fee or rebate or give anything of value to an attorney in a bail bond matter, except in defense of any action on a bond
IN BAIL CONTRACTS, THE STATE OF FLORIDA, AS REPRESENTED BY THE COURTS IS REFERRED TO AS THE: a) Obligor b) Obligee c) Judiciary d) All of the above is correct
b) Obligee
IN SURETY CONTRACT, WHICH OF THE FOLLOWING IS USUALLY REFERRED TO AS THE SAME PERSON; a)Obligee and Obligor b) Obligor and Indemnitor c) Principal and Obligee d)None of the above is correct
b) Obligor and Indemnitor
WHAT DOES THE LIMITED SURETY AGENT ATTACH TO EACH BOND? a) Indemnity agreement b) Power of attorney c) Bail bondsman identification card d) All of the above
b) Power of attorney
PAT WAS ARRESTED FOR THE FIRST TIME ON A CHARGE OF PETIT THEFT. SHE WAS PLACED IN A REMEDIAL PROGRAMME WHICH IS USUALLY FOR DEFENDANTS WHO ARE REMOVED FROM THE REGULAR COURT PROCESSES AND PLACED IN A VOLUNTARY PROGRAM OF PROBATION WHICH HAS TO BE COMPLETED WITHIN SIX WEEKS. WHAT IS THIS PROGRAMME CALLED: a) Probation b) Pre-trial intervention c) Principal d) Pre-sentence investigation
b) Pre-trial intervention
WHEN A PLAINTIFF'S RIGHT IS LIMITED TO FILE AN ACTION UNLESS IT IS DONE WITHIN A SPECIFIED TIME PERIOD AFTER THE OCCURRENCE WHICH GIVES RISE TO THE RIGHT TO SUE IS REFERRED TO AS; a) Statute of Frauds b) Statute of Limitations c) Statute of Performance d) Statute of Restitution
b) Statute of Limitations
1. Which of the following situations below can a surety arrest the defendant; a) Surrendering the defendant to the jail b) Surety authorizes a peace officer to make an arrest by endorsing authorization on a certified copy of the bond c) Defendant breaches conditions of the bond d) The defendant can be arrested in all of the above situations
b) Surety authorizes a peace officer to make an arrest by endorsing authorization on a certified copy of the bond
A TEMPORARY BAIL BOND AGENT MUST BE EMPLOYED FULL-TIME AND SHALL BE PHYSICALLY ACCOMPANIED BY THE SUPERVISING AGENT OR BAIL BOND AGENT FROM THE SAME AGENCY. THE TERM FULL-TIME IN THIS ASPECT MEANS; a) The agent must work at least 1450 hours during the 12 months b) The agent must work at least 1540 hours during the 12 months c) The agent must work less than 1540 hours during the 12 months d) None of the above is correct
b) The agent must work at least 1540 hours during the 12 months
BOB WAS ARRESTED FOR PETIT THEFT AND RELEASED ON A $2000 BOND. JENNY, THE INDEMNITOR SIGNED THE REQUIRED PROMISSORY NOTE AND INDEMNITY AGREEMENTS. PATRICK, THE SURETY AGENT ADVISED BOB TO COME IN THE OFFICE WHEN HE IS RELEASED TO FINALIZE HIS PAPERWORK. BOB HOWEVER DISOBEYED THE INSTRUCTIONS AND WENT ABOUT HIS USUAL DAILY ROUTINE. WHICH OF THE FOLLOWING STATEMENTS BELOW IS MOST CORRECT: a) Bob did not sign so the surety agent has to surrender the bond b) The defendant is a party to the contract even if he/she does not sign it c) Surety has no liability on the bond since Bob did not sign d) Jenny will be sued for breach of contract
b) The defendant is a party to the contract even if he/she does not sign it
WHEN BREACH OF CONTRACT OCCURS AND LOSSES OR DAMAGES OCCUR AS A RESULT OF NON-PERFORMANCE, WHAT ACTIONS CAN THE DISAPPOINTED PARTY PURSUE? a) The disappointed party has to take their loss. No action can be pursued b) The disappointed party will have grounds to file for claims c) None of the above are correct
b) The disappointed party will have grounds to file for claims
A BAIL BOND AGENT MAY NOT SIGN OR COUNTERSIGN IN BLANK ANY BOND, GIVE A POWER OF ATTORNEY TO, OR OTHERWISE AUTHORIZE ANYONE TO COUNTERSIGN HIS OR HER NAME TO BAIL BONDS UNLESS: a) The person is a temporary limited surety agent employed to the company b) The person so authorized is a licensed and appointed bail bond agent directly employed by the bail bond agent giving such power of attorney c) Both A and B above are correct d) None of the above are allowed
b) The person so authorized is a licensed and appointed bail bond agent directly employed by the bail bond agent giving such power of attorney
1. IN CONTRACT LAW, WHAT DOES SUI JURIS MEANS: a) A breach of the contract has taken place b) This requires that parties be of sane minds and not less than 18 years of age c) Both A and B are correct d) None of the above are correct
b) This requires that parties be of sane minds and not less than 18 years of age
WHAT IS THE PURPOSE OF A MOTION IN AN APPLICATION TO THE COURT? a) An order to obtain a ruling from the judge for the applicant to pay a fine b) To obtain some ruling or order directing an act to be done in favor of the applicant c) Both A and B above is correct d) None of the above is correct
b) To obtain some ruling or order directing an act to be done in favor of the applicant
WHICH OF THE FOLLOWING CASES ARE USUALLY HEARD IN LIMITED JURISDICTION COURTS? a) Petit theft b) Traffic violations c) Grand theft d) Violation of probation
b) Traffic violations
ALL PREMIUMS, RETURN PREMIUMS, OR OTHER FUNDS BELONGING TO INSURERS OR OTHERS RECEIVED BY A PERSON LICENSED PURSUANT TO THIS CHAPTER IN TRANSACTIONS UNDER HIS/HER LICENSE ARE................... RECEIVED BY THE LICENSEE IN A ................CAPACITY. a)Fiduciary, trust funds b) Trust funds, fiduciary c) Personal, fiduciary d) All of the above are correct
b) Trust funds, fiduciary
A CONTRACT IS AN AGREEMENT BY WHICH ONE PARTY UNDERTAKES AN EXPRESSED PERFORMANCE WITHOUT RECEIVING ANY PROMISE OF PERFORMANCE FROM THE OTHER IS REFERRED TO AS A: a) Bilateral Contract b) Unilateral Contract c) Both A and B above d) None of the above
b) Unilateral Contract
Maxine was arrested and given a bond of $120,000 for allegedly dealing in credit card fraud. However, the judge stipulated that a needs to be presented before Maxine can be released. a)Nibia b)Nebbia c) Collateral receipt d) None of the above is correct
b)Nebbia
The obligee is the person to WHOM? a) Works for the Bail Bonds company b) Settles the claim c) An obligation is owed d) Person who owes an obligation
c) An obligation is owed
5. WHICH OF THE DEFECTS BELOW WILL THE LIABILITY OF A SURETY NOT BE DISCHARGED? a) By his/her lack of qualifications required by law b) Failure of the defendant to sign the contract c) Both A and B above d) None of the above
c) Both A and B above
FIDUCIARY RELATIONSHIP CONSISTS OF; a) One of trust and confidence b) Involves one party acting for the benefit of another c) Both A and B above d) None of the above are correct
c) Both A and B above
WHICH OF THE FOLLOWING IS CORRECT REGARDING POWER OF ATTORNEY IN BAIL BONDS? a) It is a formal instrument authorizing another to act as one's agent or attorney. b) A written instrument, authorizing an agent to perform certain responsibilities on behalf of the principal c) Both A and B above d) None of the above
c) Both A and B above
WHICH OF THE FOLLOWING IS INCORRECT; a) A temporary licensee may execute of sign bonds, handle collateral receipts, or deliver bonds to appropriate authorities. b) A temporary licensee may operate an agency or branch agency separate from the location of the supervising bail bond agent c) Both A and B above are incorrect d) None of the above is correct
c) Both A and B above are incorrect
A bail bond shall not be forfeited unless; a) The information, indictment, or affidavit was filed within 6 months from the date of arrest b) The Clerk of Court gave the surety at least 72 hours' notice, exclusive of Saturdays, Sundays and Holidays c) Both A and B above is correct d) None of the above is correct
c) Both A and B above is correct
INTENTIONALLY WITHHOLDING A MATERIAL FACT FROM AN INSURANCE APPLICATION IS REFERRED TO AS: a) Libel b) Misrepresentation c) Concealment d) All of the above
c) Concealment
Who is sometimes referred to as the Principal? a) Indemnitor b) Obligee c) Defendant d) Surety
c) Defendant
If there is a breach of the bond, the court shall declare the bond and any bonds or money deposited as bail forfeited. The clerk of the court shall mail a notice to the surety agent and surety company in writing within of the forfeiture. a)35 days b)Ten days c) Five days d)Fifty days
c) Five days
Who is the obligee? a) Person to whom an obligation is owed b) Person who owes an obligation c) Governor of the State of Florida d) Both A and C is correct
c) Governor of the State of Florida
Johnny failed to appear on the day of his hearing for grand theft. A warrant was sent out for Johnny who was later pulled over during a routine traffic stop and rearrested. Which of the following is correct; a) Johnny will be required to pay a penalty of no less than $1000 or twice the value of the monetary commitment or undertaking of the original bond, whichever is greater. b) Johnny will be released on a recognizance bond c) Johnny will be required to pay a penalty equal to or greater than $2000 or twice the value of the monetary commitment or undertaking of the original bond, whichever is greater. d) Bail is typically denied when a defendant has jumped bail before
c) Johnny will be required to pay a penalty equal to or greater than $2000 or twice the value of the monetary commitment or undertaking of the original bond, whichever is greater
ANY LICENSEE WHO UNLAWFULLY DIVERTS OR APPROPRIATES SUCH FUNDS (REFERRED IN QUESTION 15 ABOVE) OR ANY PORTION THEREOF TO HIS OR HER OWN USE COMMITS PUNISHABLE AS PROVIDED BY LAW. a) Fraud b) Misrepresentation c) Larceny by embezzlement d) Grand theft by appropriation
c) Larceny by embezzlement
COURTS LOOK AT A NUMBER OF FACTORS TO DETERMINE WHETHER AN AGREEMENT SHOULD BE ENFORCED. WHICH OF THE FOLLOWING IS NOT CONSIDERED? a) One party must make an offer and the other party must accept it b) Something in value must be given in return for a promise c) Oral agreements made when intoxicated d) Both A and B above are correct
c) Oral agreements made when intoxicated
As a condition of pre-trial release, whether such release is by surety bail bond or recognizance bond or in some other form, the defendant shall do all of the following EXCEPT; a) Comply with all conditions of pre-trial release b) Refrain from contact of any kind with a victim in domestic violence cases c) Participate in criminal activities of all kinds d) Appear at all court proceedings
c) Participate in criminal activities of all kinds
WHAT IS THE TOTAL AMOUNT ON A SURETY BOND CALLED? a) Offer sum b) Premium c) Penal sum d) Both A and B above is correct
c) Penal sum
. TYPES OF MISREPRESENTATION INCLUDES ALL OF THE FOLLOWING EXCEPT: a) Fraudulent Misrepresentation b) Negligent Misrepresentation c) Reasonable Misrepresentation d) Innocent Misrepresentation
c) Reasonable Misrepresentation
THE RETURN OF PART OF A FEE OR PAYMENT IS REFERRED TO AS: a) Premium b) Penal sum c) Rebate d) Collateral
c) Rebate
Which party to the bail bond makes the guarantee to the party to which an obligation is owed? a) Indemnitor b) Defendant c) Surety d) Managing General Agent
c) Surety
Who is the obligor in a surety bond? a) Person to whom an obligation is owed b) Person who owes an obligation c) Surety Agent d) All of the above are examples of obligors
c) Surety Agent
THE OWNER OR OPERATOR OF A BAIL BOND AGENCY SHALL DESIGNATE A PRIMARY BAIL BOND AGENT FOR EACH LOCATION, AND SHALL FILE WITH THE DEPARTMENT THE NAME AND LICENSE NUMBER OF THE PERSON AND ADDRESS OF THE LOCATION ON A FORM APPROVED BY THE DEPARTMENT. IF THE DESIGNATION OF THE PRIMARY AGENT IS CHANGED, WITHIN HOW MANY DAYS MUST THE DEPARTMENT BE NOTIFIED? a) Five working days b) Ten days(inclusive of weekends and holidays) c) Ten days(exclusive of weekends and holidays) d) 21 days
c) Ten days(exclusive of weekends and holidays)
28. WHAT IS GUARANTEED IN ALL CRIMINAL DEFENDANT BONDS? a) That the defendant will request permission to go on vacation b) That the defendant will sign in every week c) That the defendant will not depart jurisdiction of the court d) None of the above is correct
c) That the defendant will not depart jurisdiction of the court
IF A CONTRACT IS SIGNED BY EITHER OF THE INVOLVED PARTY WITH THE UNDERSTANDING THAT IT WAS SOMETHING ELSE OTHER THAN WHAT THE CONTRACT WAS INTENDED, WHAT ACTIONS CAN BE TAKEN: a) No action can be taken b) Contract still has to be enforced c) This results in failed execution fraud. This voids the contract d) All of the above can be taken.
c) This results in failed execution fraud. This voids the contract
IN ADDITION TO A PREMIUM, WHAT OTHER FEE MAY A BONDSMAN ACCEPT? a) Bondsman may not collect any other fee b) Collateral for his own personal use c) Traveling and transportation fee d) none of the above
c) Traveling and transportation fee
A TEMPORARY LICENSEE HAS THE SAME AUTHORITY AS A LICENSED BAIL BOND AGENT EXCEPT: a) Apprehend, arrest and surrender defendants to the proper authorities b) Keep defendants under surveillance c) Execute and sign bail bonds d) All of the above are prohibited
c) execute and sign bail bonds
The forfeiture shall be paid within of the date the notice was mailed; a)35 days b)50 days c)60 days d)10 days
c)60 days
A bail bond shall not be forfeited unless the information, indictment or affidavit was filed within from the date of the arrest: a) 21 days b) 35 days c) 1 month d) 6 months
d) 6 months
JIMMY WAS ADVISED BY THE CLERK OF COURT THAT THE JUDGE THAT WAS ASSIGNED TO HIS CASE WAS NO LONGER AVAILABLE. WHAT WOULD BE THE MOST REASONABLE EXPLANATION FOR THIS? a) The judge was recused b) Judge was disqualified from hearing the case c) Judge could not try the case because one or both parties objected d) All of the above
d) All of the above
The court shall discharge a forfeiture within 60 days upon: a) Determination that it was impossible for the defendant to appear as required b)At the time of the appearance, the defendant was adjudicated insane and confined in an institution or hospital, jail or prison c)Surrender or arrest of the defendant d) All of the above
d) All of the above
A CONTRACT IS SAID TO BE UNENFORCEABLE IF FRAUD EXISTS. WHAT SHOULD BE CONSIDERED? a) The terms of the contract b) Motives and intentions exercised in forming the contract c) Any possible failure that injures the security of the contract in any way d) All of the above are considered
d) All of the above are considered
A BAIL BOND AGENT MAY NOT BECOME A SURETY ON AN UNDERTAKING UNLESS HE OR SHE HAS; a) Registered in the office of the sheriff b) Registered with the Clerk of the circuit Court in the county in which the bail bond agent resides c) File a certified copy of his or her appointment by power of attorney from each insurer which he or she represents as a bail bond agent d) All of the above are correct
d) All of the above are correct
A MISREPRESENTATION OCCURS WHEN? a) A false statement of past or existing fact has been made b) The statement was directed at the suing party c) The statement has acted to induce the suing party to the contract d) All of the above are examples of misrepresentation
d) All of the above are examples of misrepresentation
DURING APPLICATION FOR LICENSURE, WHAT REQUIREMENTS WILL THE DEPARTMENT CHECK FOR? a) Comprehensive investigation of each application b) Qualifications, character, experience, background and fitness of the applicant c) Federal criminal records and fingerprints d) All of the above are required
d) All of the above are required
IN ORDER TO QUALIFY TO BECOME A BAIL BOND AGENT, WHAT ARE THE REQUIREMENTS OF THE LICENSURE? a) Be at least 18 years of age b) Complete a 120 hour pre-licensing course with a passing grade of 80 and over c) Successfully pass the state exam to become a limited surety agent d) All of the above is required
d) All of the above is required
WHICH OF THE FOLLOWING IS REQUIRED FOR CONCEALMENT TO OCCUR? a) When one party intentionally conceals information, data and facts that would be useful to the other party's decision before entering the contract b) It is required that all parties tell the truth to one another at any deal. c) Withholding, omission of facts or failure to tell the truth. d) All of the above should be considered
d) All of the above should be considered
The purpose of a bail determination in criminal proceedings is to ensure: a) The appearance of the defendant at subsequent proceedings b) Protect the community against unreasonable danger from the criminal defendant c) The defendant pays the surety agent d) Both A and B above
d) Both A and B above
Which two persons are usually the same? a) Obligor b) Indemnitor c) Surety d) Both A and B above
d) Both A and B above
BAIL BOND AGENT MEANS; a) Limited surety agent b) Professional bail bond agent c) Huggins Bail Bond Agency d) Both A and B above are bail bond agents
d) Both A and B above are bail bond agents
A MANAGING GENERAL AGENT PERFORMS ALL OF THE FOLLOWING FUNCTIONS WHICH INCLUDE; a) Supervise or manage the bail bond business written in this state b) Appointed by an insurer c) Manage the day-to day operations of bail bond agencies d) Both A and B above are correct
d) Both A and B above are correct
DEFENSES TO CONTRACT ARE DESIGNED BY THE COURTS TO: a) Protect people from unfairness in the bargaining process b) If there is a valid defense to a contract, the contract may be voidable c) Punish the victim for signing a void contract d) Both A and B above are correct
d) Both A and B above are correct
Two brothers Tom and Jerry had reached an agreement regarding the family estate. The elder brother Tom was under the impression that he was born out of wedlock and thus not their father's true heir. The agreement was reached on that basis. Tom subsequently discovered that this was not the case and that the younger brother Jerry had knowledge of this during the negotiation of the settlement. What can Tom do in this case? a) This is an example of contract ubberimae fidei b) Tom can sue to set aside the agreement c) The contract stands as it is already signed d) Both A and B are correct in the scenario above
d) Both A and B are correct in the scenario above
A LIMITED SURETY AGENT IS: a) Appointed by an insurer b) Professional Bail bondsman c) Uses power of attorney to execute or countersign bail bonds d) Both A and C are correct
d) Both A and C are correct
IF ONE PARTY MAKES A FALSE STATEMENT, CLAIM OR DECLARATION WITH THE INTENT OF INDUCING THE OTHER TO SIGN THE CONTRACT, WHAT HAPPENS? a) Fraud in the execution b) This is fraud in the inducement c) This voids the contract on the basis of deception and fraudulent inducement d) Both B and C are correct
d) Both B and C are correct
WHICH OF THE FOLLOWING IS NOT A DEFENSE TO CONTRACT: a) Undue influence and public policy b) Duress and unconscionability c) Misrepresentation and mistake d) Contract involves illegal matters
d) Contract involves illegal matters
A BAIL BOND AGENT OR TEMPORARY BAIL BOND AGENT MAY NOT: a) Suggest or advise the employment of, or name for employment, any particular attorney to represent his or her principal b) Wear or display any identification card other than the department issued or approved license c) Directly or indirectly solicit business in or on the property or grounds of a jail, prison or other place where prisoners are confined or on the grounds of the courthouse d) Initiate in-person or telephone solicitation after 9:00pm or before 8:00am, in the case of domestic violence cases, at the residence of the detainee or the detainees family e) All of the above are prohibited
e) All of the above are prohibited
WHICH OF THE FOLLOWING CAN THE SURETY ACCEPT FROM A PRINCIPAL FOR PROVIDING BAIL BOND SERVICES; a) Premium and transfer fee authorized by the office b) Collateral security c) Indemnity d) Documentary stamp taxes e) All of the following can be collected by the surety agent
e) All of the following can be collected by the surety agent
