ANSWERS GRADED A+
◉ Arraignment. Answer: A time when the defendant is advised of the
charge and enters a plea.
◉ Attorney in Fact - Power of Attorney. Answer: One who is the agent
or representative of another and is given authority to act in that person's
place or name.
◉ Actual Authority. Answer: The authority the public may reasonably
believe an agent.
◉ Express Authority. Answer: Same as actual authority
◉ Bail. Answer: Monetary or other form of security given to ensure the
appearance of a defendant at every stage of the proceeding.
◉ bail bond. Answer: A document executed to secure the release of an
individual in custody of law.
,◉ bail agent. Answer: Any person who is paid a fee to execute a bail
bond for another.
◉ Bail enforcement agent aka Bail Recovery Agent. Answer: 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. Answer: To hold fir trail or presentation to the grand jury.
◉ bond. Answer: 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. Answer: Account set up to indemnify the company
from the losses caused by the agent.
◉ Capias. Answer: A writ commanding the arrest of a person so that he
may be compelled to appear before the court
◉ Capitol Offense. Answer: A felony fir which the punishment may be
the death penalty. Serious of all crimes.
◉ writ of certiorari. Answer: An order to move a case from a lower court
to a higher court for review.
, ◉ circumstantial evidence. Answer: Indirect evidence: secondary facts
from which a conclusion may be drawn.
◉ code. Answer: An official compilation of all pertinent laws in force.
◉ collateral security. Answer: Something of value given by, or on behalf
of the defendant to protect the surety from loss.
◉ commissioner. Answer: Commissioner of Insurance
◉ committing magistrate. Answer: any judicial officer with the power to
commit a person to jail
◉ Conditional forfeiture. Answer: 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. Answer: See Conditional forfeiture