Florida Bail Bond State Test Guide 2020, Exams of Nursing

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FLORIDA BAIL BOND STATE TEST GUIDE 2020 FLORIDA BAIL BOND STATE TEST GUIDE 2020 EXAM REVIEW QUESTIONS (211 TERMS) WITH CORRECT DEFINITIONS; ALREADY GRADED A+ 2023-2024 FLORIDA BAIL BOND STATE TEST GUIDE 2020 Actus Reus - Answer: Guilty act as an element of criminal responsibility-the wrongful act or omission that compromises the physical components of a crime Acquittal - Answer: The legal and formal certification of the innocence of a person who has been charged with a crime- To be found innocent of a crime Acquit - Answer: To be set free, released or discharged from an obligation, burden or accusation Adjudicate - Answer: To pass judgment on as a judge- To give a ruling- To make a formal judgement Adjudication - Answer: The formal judgment on a disputed matter- The legal process of resolving a dispute Appeal Bond - Answer: Operates as a bail bond for an appellant in a criminal case- with conditions of prosecuting the appeal and/or they will surrender themselves to serve the sentence if the lower court verdict is upheld Agent - Answer: A person authorized to act for another person or group when dealing with third parties Affidavit - Answer: A sworn written statement under oath FLORIDA BAIL BOND STATE TEST GUIDE 2020 Bail Bond Agent - Answer: An appointed limited surety agent by power of attorney of an insurer to execute bail bonds in connection with judicial proceedings for a fee Battery - Answer: The act of unlawfully touching another person Bench Warrant - Answer: An order that a judge or group of judges issue directly to law enforcement with the purpose of arresting that individual/subject Bond - Answer: A written instrument in which the principal/obligor agrees to perform an act for the obligee and a third party/surety agrees to pay the penalty should the principal fail to perform/fulfill the obligation promised Breach Of Contract - Answer: An unjustified failure to perform an agreement/contract at its due date Build Up Fund - Answer: Funds held in trust for the limited surety agent held by the surety to help indemnify the surety from losses caused by the agent with a portion of each premium deposited into the fund Burden Of Proof - Answer: A duty placed upon the defendant to prove or disprove a disputed fact FLORIDA BAIL BOND STATE TEST GUIDE 2020 Cease And Decease Order - Answer: An order for an individual or business to stop an illegal activity Capias - Answer: A writ/warrant ordering the arrest of a named person Capital Offense - Answer: A felony punishable by the death penalty Civil Case - Answer: When a person or business/plaintiff seeking monetary value claims to have been harmed by the actions of another person or business/defendant Collateral - Answer: Valued item given by or on behalf of the principal/defendant to protect the surety from loss Committing Magistrate - Answer: A judicial officer who decides if there is enough evidence for a case to proceed and whether defendants should be committed or released until trial Concealment - Answer: Fraudulent failure to reveal information Consideration - Answer: Something of value given by both parties to a contract that induces them to enter into the agreement to exchange mutual performances FLORIDA BAIL BOND STATE TEST GUIDE 2020 Contempt Bond - Answer: A bond used in civil contempt cases to guarantee the principal will obey the orders of the court at a later date Contempt Of Court-Civil - Answer: when an individual fails to adhere to an order from the court, with resulting injury to a private party's rights Contempt Of Court-Criminal - Answer: A criminal charge which is used to punish behavior that interferes with the proceedings or orders of a court Contract - Answer: a legally binding document between at least two parties that defines and governs the rights and duties of the parties to an agreement that is enforceable by law Conversion - Answer: When someone intentionally interferes with personal property belonging to another person Conviction - Answer: A judgement of guilt against a criminal defendant by a jury or judge Corporate Surety - Answer: A legal business entity/company created for the purpose of issuing any/all types of bonds Co-Sureties - Answer: A surety bond that is guaranteed by two or more surety companies FLORIDA BAIL BOND STATE TEST GUIDE 2020 False Arrest - Answer: When law enforcement/peace officer wrongfully holds an individual against their will or takes them into custody False Imprisonment - Answer: The intentional confinement or restraint of another person without having the legal right to do so False Swearing - Answer: A false statement made while under oath Felony - Answer: The most serious class of criminal offense/ Crimes punishable by imprisonment of more than one year Forfeit - Answer: To lose to another person or state some privilege, right or property due to the commission of an error, offense, crime, breach of contract, or neglected duty Forfeiture - Answer: Payment of the penal sum, by the surety to the obligee in the event the principal does not fulfill the obligations of the bond Fugitive - Answer: One who flees or runs away from a court appearance or law enforcement General Agent - Answer: One employed by an insurer to supervise or manage the bail bond business FLORIDA BAIL BOND STATE TEST GUIDE 2020 Habeas Corpus - Answer: You have the body Hold Harmless - Answer: Protect from loss of liability or indemnity Incarceration - Answer: Imprisonment, confinement in jai, or penitentiary Indemnify - Answer: To hold harmless Indemnitor - Answer: In a surety agreement, the individual who agrees to reimburse the surety for any loss it may suffer from having bonded the principal Indictment - Answer: A formal charge or accusation of a serious crime by a grand jury Information - Answer: An accusation by a prosecuting attorney against an individual for a specific criminal offense without an indictment Judgement - Answer: The decision of a court Jurisdiction - Answer: The power to hear and determine a case Liable - Answer: Legally responsible FLORIDA BAIL BOND STATE TEST GUIDE 2020 Liable Agent - Answer: The bail bond agent/requesting agent responsible for the supervision of a defendant Liability - Answer: In surety, an obligation to be performed or fulfilled- The face amount of a bond Limited Surety Agent - Answer: An individual appointed by the insurer to execute or countersign bail bonds in connection with judicial proceedings and receives or is promised money or other items of value Magistrate - Answer: Judicial officer implementing the functions of a judge Misappropriate - Answer: To use funds or property of another for a purpose other than which was intended or legally required Misdemeanor - Answer: A crime punishable by a fine or a term of less than one year in other than a state penitentiary- A crime less serious than a felony Misrepresentation - Answer: False statements made during the period of inducement to sign a contract- A lie knowingly made Misstatement - Answer: The act of stating something false or not accurate Motion - Answer: Application to a court requesting an order or ruling FLORIDA BAIL BOND STATE TEST GUIDE 2020 Resist - Answer: To oppose by direct action Revoke - Answer: To cancel permanently Sentence - Answer: Punishment in a criminal case Sufficiency - Answer: In bail, to decide whether the assets pledged are equal to the amount of the bond Sui Juris - Answer: Of one's own right Summons - Answer: An order to appear before a judge or magistrate Supersedeas - Answer: You shall forebear- To set aside, replace, or make void Who regulates insurance & surety companies - Answer: The Department of Financial Services What will qualify to become a bail bond agent - Answer: High School Diploma or equivalent The place of business of the applicant will be located in this state and in the county where the applicant will maintain their records FLORIDA BAIL BOND STATE TEST GUIDE 2020 Legal alien who possess work authorization from the U.S. Department of Citizenship and Immigration Services List of persons who may not be employees of a bail bond business - Answer: Employees of any police department Employees of the clerk of courts Employees of a detention center Requirements before submitting the Temporary Limited Surety Agent license - Answer: Secure employment with a bail bond agency and completed 120 hr pre- licensing course Premiums on bonds - Answer: 10% on state bonds and 15% on federal bonds Minimum age requirement for a Limited Surety Agent - Answer: Eighteen years old Within how many years prior to the date of application must the applicant have completed the criminal justice system 120 hr course and a correspondence course approved by the department - Answer: 4 years What one feature of bail sets it apart from all other contracts - Answer: The defendant is a party to the contract, even if they do not sign it FLORIDA BAIL BOND STATE TEST GUIDE 2020 Regulation of bail comes from the following - Answer: Florida statutes 903 & 648 and 69B-221 of the administrative rules of the insurance commissioner Who is the obligee in a bond when the crime is against the United States? - Answer: The President of the United States The governing statute regulating the bail bond exam - Answer: Florida statute 648.38 To be enforceable by a court, every contract (written or oral) must meet all of the following requirements - Answer: Consideration, offer & acceptance, and commitment The act which makes a contract unenforceable - Answer: Fraud Element necessary in creating a valid contract - Answer: Offer and acceptance A contract in which a person or business promises to treat specific information as a trade secret and agrees not to disclose the confidential information to others without proper authorization - Answer: Nondisclosure Agreement, NDA or Confidentiality Agreement Federal and state courts sometimes add a bail sufficiency requirement to a bond. This is also known as - Answer: Nebbia hearing FLORIDA BAIL BOND STATE TEST GUIDE 2020 The authority in which the company grants, by contract, to an agent - Answer: Actual authority The authority the public may believe an agent has - Answer: Apparent authority The ONLY purpose of a criminal defendant's bond - Answer: To produce the defendant in court The amount of weekly working hours required for an intern to comply with administrative rules - Answer: Thirty hours Why do fewer insurance companies write immigration bonds - Answer: The risk to the surety is very high and the collateral may be seized by the government in some cases If a temporary limited surety agent is caught in the field without their limited surety agent after apprehending a defendant they could be charged with what crime - Answer: Kidnapping When posting a bond at the jail, who is responsible for ensuring the bond information is accurate - Answer: The Sheriff A "liable agent" is also known as - Answer: The requesting agent FLORIDA BAIL BOND STATE TEST GUIDE 2020 A "non-liable" agent is also known as - Answer: The posting agent A limited surety agent or a professional bail bond agent are also known as - Answer: Bail bond agent The five elements of fraud - Answer: A false statement must be made, the party making the statement must know it is untrue, the other party believes the lie, accepts the statement, and is damaged as a result Once a forfeiture is received from the clerk of courts, it must be paid within how many days - Answer: Sixty days After a defendant has missed court, within how many days does the clerk of court have to send the notice in writing to the surety agent/company - Answer: Five days A bail bond agent may not execute any more bonds if a judgement remains unpaid for how many days - Answer: Thirty five days A surety company may not execute any more bonds if a judgement remains unpaid for how many days - Answer: Fifty days What percentage of remission is returned to the agent/surety if the defendant is apprehended over 1 year but before 2 years - Answer: Fifty percent FLORIDA BAIL BOND STATE TEST GUIDE 2020 What percentage of remission is returned to the agent/surety if the defendant is apprehended within 90 days - Answer: One hundred percent What percentage of remission is returned to the agent/surety if the defendant is apprehended within 181-270 days - Answer: Ninety Percent What happens if the defendant is not arrested within two years of a forfeiture - Answer: The penal sum of the bond is forever forfeited Who can detain or arrest a defendant - Answer: The bail bond agent who wrote the bond, another agent from the same surety company, or a temporary bond agent employed by the agent who wrote the bond, under the supervision of a licensed limited surety agent How many days will the court order the bond cancelled once the surety has been released - Answer: Ten business days In what amount of collateral security received by a bail bond agent shall be immediately forwarded to the insurer - Answer: Fifty thousand When a forfeiture occurs, how many days does the agent/insurer have to give written notice of the intent to convert collateral deposit into cash to satisfy the forfeiture - Answer: Ten days FLORIDA BAIL BOND STATE TEST GUIDE 2020 Who tracks down federal fugitives - Answer: U.S. Marshals Tort - Answer: Civil wrongs recognized by law as grounds for a lawsuit What is taken into consideration when determining bail - Answer: Risk of danger to the community, prior convictions, source of funds used for bail and ties to the community If arresting the principal before forfeiture, what form should a surety have - Answer: Certified copy of the bond with the authorization endorsed What is the role of judges - Answer: To protect the constitutional rights of defendants What amount of money is paid when a defendant is released on recognizance - Answer: None What criminal charges apply for suggesting/recommending any particular attorney to principals - Answer: Misdemeanor Where a bail bond agent or temporary bail bond agent may not solicit business - Answer: In or on the property or grounds of a jail, prison or other place where prisoners are confined, or any court house FLORIDA BAIL BOND STATE TEST GUIDE 2020 The hours a bail bond agent may contact an individual in a domestic violence case - Answer: 8:00 am - 9:00 pm What criminal charges apply for promising, giving or paying anything of value to law enforcement, jailer, public official/employee, attorney, principal or judge in order to secure settlement, compromise, remission, or reduction of any bail bond - Answer: Felony charges Who can not be bail bond agents, temporary bail bond agents or be employed by bail bond agents/agencies - Answer: Felons, jailers, law enforcement, judges, attorneys or anyone having the power to arrest/control over federal, state, county or municipal prisoners Who cash bonds are paid to - Answer: The jail Why bail may be denied in some cases - Answer: Defendant has previously jumped bail, previous convictions for violent crimes, or arrested with large amounts of controlled substances What penalty can apply for new bail when bail has been "jumped" before - Answer: $2,000 or double amount of original bond, whichever is greater Items that must be on the application for a bond - Answer: Date FLORIDA BAIL BOND STATE TEST GUIDE 2020 Name of surety Power number Amount of premium A civil case over $15,000 would be handled in which court system - Answer: Circuit court The minimum notice of time the clerk of court must give the bail bond agent to produce a defendant without risking forfeiture of the bond - Answer: At least 72 hours excluding weekends and holidays, unless the time is within 72 hours of the arrest in which case no notice is required by law The amount of days the prosecutor has to take a misdemeanor case to trial before a defendant is released - Answer: Ninety days The amount of days the prosecutor has to take a felony case to trial before a defendant is released - Answer: One hundred eighty days The two major types of court cases in the court system - Answer: Criminal and civil The ability to try a case in the first place, also known as trial jurisdiction - Answer: Original jurisdiction