Louisiana Bail Bonds Test and Study Guide | Latest 2025/2026 Edition | All Questions with Correct Answers | A+ Graded and Fully Updated

Louisiana Bail Bonds Test and Study Guide | Latest 2025/2026 Edition | All Questions with Correct Answers | A+ Graded and Fully Updated 2026 / 2027 Academic Year Q: A Domestic insurance company - is a foreign insurer to other states - is a domestic insurer w/i the U.S. - is a foreign insurer only to other countries -must be incorporated in at least 2 states Answer A domestic insurance co. is incorporated in the state within which it is located. It is a domestic insurer within its specific state - ie it is a foreign insurer to other states. Q: A captive insurance co. exists primarily to underwrite the risks of the - parent owner - shareholders - partners Answer A captive insurance company exists primarily to underwrite the risks of the parent owner. A domestic insurance company is incorporated in the state within which it is located. Q: NoAgreement that lays the legal framework of insurance business - Partner declaration - Policy Declaration - Insurance agent partnership agreement - Shareholder dividend policy - Meeting minutes Answer An insurance agent partnership agreement is for laying the legal framework of the insurance business. Its not legally required, although such an agreement in place is usually recommended. Q: T or F: An arrest must be accopanied by physical restraints or handcuffs Answer F: An arrest occurs when a person is taken into police custody and is no longer free to leave, w/ or w/o use of physical restraint/handcuffs. Main point of arrest is the exercise of police authority over a person as well as that person's voluntary or involuntary submission Answer T: Concealment is hiding. Telling a partial truth is concealment since partial truth has obviously left something out. Q: Process or procedure that involves the determination of a person's eligibility for release from custody in exchange for the posting of a set amt of money - Booking - Bailing - Bonding - Checking in Answer After an arrest, there is a need for the processing of the arrested person into police custody. This is known as booking. It involves the determination of the person's eligibility for release from custody in exchange for the posting of a set amount of money, aka bail. Q: T or F: Telling a partial truth is considered as concealment Q: According to the doctrine of representations, a statement is considered as invalid even if the applicant honestly thought he was speaking the truth Answer F: According to the doctrine of representations, a statement is considered as valid when the applicant honestly thought he was telling the truth Q: T or F: When forming an insurance contract, an invitation to treat or to make an offer must come from the insurer Answer F: When forming an insurance contract, an invitation to treat or to make an offer may come from the insurer or the applicant When coming from the insurer, it may be through an advertising program. Q: Counter-offer is usually not possible in the process of negotiating an insurance contract - True - False - It depends on the item covered - It depends on the policy type Answer F: A counter-offer is an alternative proposal. It is possible in the process of negotiating an insurance contract Q: With an aleatory contract, a party may receive: - Considerably less in value than what he gives up - Considerably more in value than what he gives up Answer With an aleatory contract, a party may receive considerably more in value than what he gives up. An insurance contract is of this type because claim proceeds may far exceed the premium paid. aleatory contract-agreement whereby the parties involved do not have to perform a particular action until a specific event occurs;trigger events are those that cannot be controlled by either party, ie natural disasters / death. Q: With a __ contract, only 1 party can draw up the contract in its entirety - Adhesion - Aleatory - Executory - Bilateral - Unilateral Answer With an adhesion contract, only one party can draw up the contract in its entirety. The receiving party cannot change it. A typical insurance contract is of this type (adhesion 1party has substantially more power than other in setting contract terms ; the offeror must supply customer with standard terms n conditions that R identical 2 those offered 2 others Terms / conditions r non-negotiable, meaning weaker party in the contract must agree w/ contract as rather than requesting clauses be added, removed, or changed = boilerplate or standard contracts. Q: Hello Answer Aloha Q: With a __ contract, the covenants to the contract may remain partially or completely unfulfilled - Adhesion - Aleatory - Executory - Bilateral - Unilateral Answer With an executory contract, the covenants to the contract may remain partially or completely unfulfilled bc the insurer will perform its obligation only when losses occur (executed contract is fully legal immediately p all parties have signed, and terms must b fulfilled immedly. Executory contract, terms r set 2 b fulfilled at future date. Both contracts r considered executed agreements once parties sign. both partiesr legally obliged 2 follow terms as / when defined within agreement. Q: Insurance contracts are __ meaning the promise of a party is exchanged for a specific act of another party - Adhesion - Aleatory - Executory - Bilateral - Unilateral Insurance contracts are unilateral, meaning the promise of a party is exchanged for a specific act of another party. Note that once the insured has paid the premium, only the insurer can be held liable for contract breach Q: T / F All insurance contracts are conditional Answer T: A condition is a contract provision which serves to limit the rights that are supposed to be provided by the contract. All insurance contracts are conditional Q: Condition __refers to an event that can cancel a right: Condition___ - Precedent - Subsequent - Neutral - Aleatory Answer "A condition precedent any event/act that happens before a right will be granted. Condition Subsequent an event that can cancel a right A Precedent -situation must arise -before a party has a duty to perform. -Eric agrees to sell Fran one of his playoff seat tickets if the Atlanta Braves make it to the playoffs Subsequent -excuses contractual performance if future/situation arises. -Frank agrees to cut Gina's grass today if it does not rain. If it rains, Frank is relieved from the obligation to cut the grass. & Gina no has to pay Frank." Q: T / F: A breach of warranty can usually provide sufficient ground 4 voiding the contract Answer T A warranty is usuly considered guarantd 2 b true Once declared, warr becomes actual pt o insur contract Breach of warr usu suff ground 4 voiding contract Q: Major elements of insurance contract - all applicable: -offer -acceptance consideration -competent parties -legal purpose Answer Mjr elements of insurance contract include Agreement (offer n acceptance), consideration, competent parties, legal purpose Q: To void a contract d/t misrepresentd info provided by the insured, the info involved must be -written -oral -material -non-material Answer A misrepresentation can B oral or written statemnt that is false. To void a contract d/t misrepresentd info provided by the insured, the info involved must B material Q: Impersonation = (most accurate answer) - false pretenses - black mail - fraud - misrepresentation Answer Impersonation = false pretenses - When a persom assumes the identity of another for committin fraud Answer F: Policy cancelatn n resscission r 2 diff things. escission voids policy from outset (Rescisn insurer syas policy was never in effect,usuly under 2 circum : (1) signer of applic had Q: Material misrepresentation always involves misstatement made __ insurance application - during - after - prior to Answer Material misrepresentation is a misstatement made during insurance application - the Ins Co wldnt issue the policy had the truth been known Q: Policy cancellation & rescission R the same thing T, F, Depends on intent o the insured Dep on degree of misstatement by the insured knowledge of a poten l claim & intentionally concealed knowledge (2)application or impt attachment contains info that is materially false - if correct info were provided 2 insurer, insurer wldnt have entered into the contract of insur Q: Suspect granted __release such that no bail $ needs 2 B pd & that no bond needs 2 B posted - own recognizance -self bonding -self bailing -checking in Criminal suspect may get own recognizance rel. No bail pd & no bond need 2 B posted Suspect is reld p promisin 2 show up in ct for all upcoming proceedings Q: An insurance pol that does not constitut insurable interest is considered - void & illegl - void but still legal - valid but unenfocable Answer An insur pol that doenot constitute insurable interest is considered void and illegal Q: Adverse selection exists when a risk insured is less likely / more likely than average in experiencing losses Answer RE: insur underwriting, adverse selection exists when a risk insured is more likely than average in exeriencing losses (insur co extends insur coverge to applicant whose actual risk is substantially higher than the risk known by the insur co - ex life insur to smoker n no know he smokes Q: Insur underwriting is all @ risk: - minimization - selection - transfer - severity Insur undewritin involves classifying, ratin, and selecting risks. Is all @ risk selection. Goal Answer - use all avail info 2 det whether or not partic applicatn shld be accepted Q: An insur risk class is usually based on a large grp of people w/ similar / different characteristics Answer An insur risk class is usually based on a lg grp o people w/similar characteristics - Preferd classes usuly represent avg risk n may deserve lower rates. Rated classes may represent an above avg risk which requires higher premium rates Q: T / F: It is always expected that an underwriter forsees all possible circumstances Answer F: Insur underwriting involves classifying, rating and selecting risks, Its about risk selection & assessment - but underwriter cant forsw all possible circumstances Q: T / F: A warranty will never become an actual part of the insurance contract Answer F: Warranty usuly considered guaranteed 2 B true. Once declared warranty will become part of insur contract. Breach of warranty usuly provides sufficient ground for voiding the contract Q: Insurance underwriting typically involves ___ing risks - classifying - rating - selecting - eliminating Answer Insur underwriting involves classifying, rating and selecting risks - @ selection/assessment of risk - using all avail info to sdet if an application shld be accepted Q: Failure 2 act as a reasonable 3rd person wld do in exact same situation - Negligence - Misstatement - Misrepresentation - Fraud - Intentional Deception Answer Negligence - failure 2 act as a reasonabl 3rd person wld act in the exact same situation. Negligence may pertain 2 all types of situations The deree of error in predicting losses will decrease when the # of individual exposure units is - increased - decreased - the same Answer An exposure unit describes the person or property that is insured. The degree of error predicting losses will decrease when # individual exposure units is increased Who compiles statistical data @ exposure units and relative risk - Actuaries - Agents - Brokers Answer Actuaries compile statistical data @ the exposure units and relevant risks From Insur co perspective, expected losses R always based on past experience of __ risk - average - highest - lowest - baseline Answer Expected losses r always based on pasrt exper of average risk T / F: In theory, Congress can regulate Insur transactions that are of interstate commerce Answer T: In theory, Congress can regulate Insur transactions that are of interstate commerce T / F: The Sherman Act is applicable 2 Insur biz 2 the extent that it is not regulated by state law Answer T: The Sherman Act is applicable 2 Insur biz 2 the extent that it is not regulated by state law.(Sherman Act 1st antitrust law, signed by President Harrison 1890, 2 uphold competition in market / avoid monopolization, protect consumers from unfairly high prices, no price fixing, too vague and later amended by the Clayton Act. No contracts that restrain trade among states, DC & foreign nations. Attempt to monopolize is a felony Enforced by FTC) T / F: The Clayton Act is applicable 2 Insur biz 2 the extent that it is not regulated by state T: Clayton Act is applicable 2 Insur biz 2 the extent that it is not regulated by state - (Clayton Antitrust Act 1914 - gives pvt parties rite 2 sue 4 triple damages. Addresses mergers between competitors - govt can block a merger. Amended by Robinson-Patman Act 1936) T / F: The FTC Act is applicble 2 Insur biz to the extent that it is not reg'd by state law T: The FTC Act is applicble 2 Insur biz to the extent that it is not reg'd by state law What is the FTC Act - extra ques FTC Act - 2 prevent unfair methods o compet, unfair/ deceptive acts or affecting commerce; (b) seek monetary redress 4 conduct injurious to consumers; (c)trade regulation rules defining practices that are unfair or deceptive, establ requirements designed to prevent such acts or practices; (d) conduct investigations of entities engaged in commerce; and (e) make reports and legislative recommendations to Congress Act that gives states power 2 regulate their Insur industry - FTC Act - McCarran-Ferguson Act - Clayton Act - Sherman Act McCarran-Ferguson Act gives US states power to regulate the insurance industry. Usuly, state insur statutes override conflictin fed'l laws T/F Most of time, state insur statutes override conflicting fedl laws T __Agent owns agency and may hire sub-agents - Captive - Career - Captain - General General agent is empowered w/in a territory 2 sell insur products - He owns agency and may hire sub-agents __ insurers insure insurers - Reinsurers - General - Lead - Captive Reinsurers insure insurers. Reinsurance is a transaction b/t insurance companies Admitted insurance company possesses: - Certif of Authority - Certif of Registration - Insurance license - General agent license - Captive agent Insur co. mustmeet state requirements n get Certif of Authority to do biz. W/O it company is considered non-admitted 1st stage of courtroom proceedings is called - Arraignment - Bailing - Bond posting - Preliminary hearing Arraignment=1st stage ct proceedings - If defendant has jail time if convicted, he may seek attorney assistance __Held where judge decides if sufficeint evdence 2 force defendant to stand trial Preliminary hearing is p arraignmnt where J decides if enuf evid 2 force defent 2 stand trial - ?Has govt prod enuf evid 2 convince a reasonable jury def shld B found guilty T/F Agency contract = contract b/t insurer and insured F: Agency contract's provisions spell out what acts an agent is authorized to make 4 insurer T/F Implied authority may B inferred by virtue of the position held by an agent T: implied auth is authority agent possesses by virtue of bein reasonably necessary 2 perf his job, inferd by virtue o position held Apparent authority is AKA __ authority - Ostensible - Extensible - Intensified - Reversed Apparent auth = Ostensible auth: When principal's conduct wld lead a reasonable 3rd person 2 believe an agent was authorizd 2 act. It does not matter whether the principal and purported agent have actually talked about such arrangement Presumption of __Principle that shifts burden o proof onto prosecution - Innocence - Motion - Prejudice - Bail Presumptn of Innocence - foundation o criminal law procedures. Shift burdn o proof on2 prosecution who must prove that 1 committd criminal act Defendant is guarantd rite 2 trial by jury 4 offenses that has a penalty of _ mos prison (3,4,5,6,7,8,9) Jury trial is guaranteed if offense has penalty of 6 mos prision T/F Felony is usu;y severe crime that involves murder F; Felony usuly more severe crime n will get longer jail time - no has 2B murder. Misdemeanors = lesser crimes pinushd by fine or shorter jail time Bail factors considered at bail hearing - Nature of crime - Character n criminal Hx - Defendants avail financial resources - Gender After arrest, bail hearing 2 decide if accused allowed 2 post bail. Many Bail factors considered at bail hearing - Nature of crime - Character n criminal Hx - Defendants avail financial resources Bail process starts w/in __hrs after arrest: 48,72, 96, 128 Bail is a right in the form o surety bond. Bail process usuly starts w/in 48 hrs w/bail bondsman process can be much faster T/F Bail is always in form o aurety bond, required in every single criminal case F: Bail is a rite in form o surety bond that court holds 2 ensure accused will show @ trial. If J thinks accused is not likely 2 flee, he canB released on his own recognizance w/o bail W/a __bond, defendant no needs 2 pay $ up front but will have 2 pay only if he fails 2 appear - Surety - Posted - Cash - Unsecured - Free will Unsecured bond - defendant no has 2 pay $ upfront but will have 2 pay only if he fails 2 appear T/F Bail schedule almost always covers all offenses F: Bail schedule has a list o crimes and amt of bail that must B posted 4 those crimes. It does not mean to cover all offenses T/F Court has no statutory obligation 2 notify bondsmen of court schedule T: Ct has no obligatn 2 notify bondsman of ct schedules - Written notice 2 appear must B produced 2 the bondsman before bond money can B forfeited. T/F Cosigner/guarantor coassumes both criminal liability & financial repsonsibility F: Co-signer/guarantor is responsiboe 4 defendant while defendant is out on bail by coassuming financial responsibility Bail bond is __when legal process is finished - Exonerated - Written - off - Demanded - Overridden Bail bond is exonerated when legal process is finished. Result is irrelevant guilty or innocent. The bail bond is discharged at this point Upon issuance of summary judgement - Full bail amt must B rendered - Bail amt can B discharged - Bail must B immediately reinstated Summary judgement may B issued following a bail bond forfeiture. Upon issuance of summary judgement, full bail amount must B rendered __is process when defendant fails to show up in court can have his bail boond reactivated - Reinstatement - Reestablishment - Rechecking - Reservicing - Reregistration Reinstatement=process where defendant who failed to show up in court can have bail bond re-activated or reinstated. Court may set a new court date acccordingly T/F bail bond premium is always refundable if the case is dismissed F: Defendant and co-signer (if any) are responsible for the premium and any fees / expenses incurred. These monies are earned at the time the defendant is released frm custody and r not refundable Bond premium is generally set at 10% of face amount of - Bond - Bond + costs - Bond + court costs and other expenses incurred Bail agent collects bail bond premium which is earned upon release of defendant. Premium = 10% of face amount of the bond When bond premium is collected, bail agent needs to make what payments to surety company (all that apply) - Bond costs - BUF acct - Federal tax wthheld - State tax withheld When bond premium is collected, bail agent needs to make 2 payments to surety co., one for bond costs, and other for agents BUF acct T/F When bail agent contracts w/surety co., the surety co. is ultimately liable for all bonds written T - When bail agent contrats w/surety co., he is contracting 2 write bail bonds 4 the surety co. as its agent & is ultimately liable 4 all bonds written When bail agent contracts w/surety co., what agreement may B used to specify that the bail agent is responsible 4 any expenses relating 2 the bonds written - Exclusion A - Indemnity A - Inclusion A - For-hire A When bail agent contracts w/surety co., an indemnity agreement mayB used 2 specify that bail agent is responsible 4 any expenses related to bonds written T/F Blank bonds R illegal or unethical F: When bail agent contracts w/surety co., contract sets forth terms re: the blank bonds supplied by surety co.,strict accountability for each blank bond issued is required _Acct provides funds 2 cover potential liabilities incurred as a result of a forfeiture of bonds -- BUF, ROF, ROC, TBP, TPD Build up fund BUF acct has fund held in trust for the agent by surety co. in a separate acct in another financial institution. BUF provides funds 2 cover potential liabilities incurred as a result of forfeiture of bonds Term interchangeable w/full amt or face amt of bond = __amount - Penal - Check - Skip - Aggregate Penal amount is term interchangeable w/ the full amount or face amount of bond full amt = face amt = penal amt T/F Skip tracer is a bounty hunter which is not a legitimate profession F: Skip tracer =bounty hunter pd by bail agent 2 track down and retrieve defendant who has skipped = legitimate occupation Bail bond business, choose all business-related bank accts that apply - BUF - Collateral - Operating - Sales tax Bail bond biz usuly has at least 3 business-related bank accts: BUF maintained by each surety co., collateral acct for cash collateral recd, and operating expense acct T/F Bail contract is a major part of surety contract F Bail contract=agreement b/t defendant (or co-signor) and the bail agent, Its NOT the same as surety contract Surety co. tracks each bond by - Serial No. - Date of issue - Expiry date - Case type - Court No. Surety co. tacks bond issues by serial number. BAil agent must account for every bond he has T/F Surety co. is actively involved in cash collateral collection F: Surety co. has duty to track q bond issued - NOT involved in cash collateral collection T/F A surety cannot surrender bailed person at wish F: technically, surety can chosoe to seize and surrender bailed person at any time shld surety feel as appropriate Bail__refers 2 security given by defendant who wants to bring a writ of error on a judgement, and that a stay of execution is preferred in the meantime - Bail in error - Bail out error - Bail admission - Bail postponement Bail in error refers 2 security given by defendant who wants to bring a writ of error on a judgement, and that a stay of execution is preferred in the meantime __clause in 8th Amendment of US Constit prohibits excessive bail - Review - Judgement - Bail - Fee - Post Bail clause of 8th Amendment of US Constit aims to prohibit excessive bail T/F A forfeited bond can be refunded when the defendant is proved innocent F: A forfeited bond cant B refunded when defendant is innocent.Once forfeited the money becomes property of jurisdiction that oversees the case A surety bond is issued by the - Obligor - Obligee - Principal - Bond agent A surety bond is issued by the obligor to protect obligee against losses resulting from principal's failure to meet the agreed upon obligation. Bail agent = co-obligor Surety Bond definition Surety bond - bonds to compel bonded party to act in a certain way by holdin 'em financially accountable when they dont. Obligee requires principal to get specific type surety bond worth specific amt. If principal breaks law or violates conditions, obligee may file claim against surety bond for damages. Surety agency that issues and back bond automatically settles all valid claims in full BUT the principal must reimburse surety amt of settlement +int/fees. It's the loan you receive to post bail (Obligee Definition) (Obligee — a person or organization to whom another party (the "obligor") owes an obligation. In a bonding situation, this is the party that requires and receives the protection of the bond. EX: under a performance bond, the obligee is the project owner for whom the bonded contractor is required to perform the specified work.) (Obligor Definition) (Obligor — a person or organization that is bound by an obligation to another. In a bonding situation, this party, commonly called the "principal," purchases a bond to protect the party to whom it owes an obligation. For example, under a performance bond, the obligor is the contractor that is required to perform the specified work for the project owner.) T/F Certificate of Surrender must be completed by the court F: Certif of Surrender must be in a form approved by the court. Must be completed by surety company or its bail agent What R reasonable restrictions, conditions, prohibitions placed on defendants activities - Conditions of release - Bail list - Bail specifications - Conditinal release clause - Readmittance to bail - Recommittment Conditions of release describe the reasonable restrictions, conditions, prohibitions placed on Def's activities by court __An order of the court allows defendant to post new bail following an order of revocation of bail - Conditions of release - Bail list - Bail specifications - Conditinal release clause - Readmittance to bail - Recommittment Readmittance to bail is an order of the court allows defendant to post new bail following an order of revocation of bail __the return of defendant to the custody of the sheriff following either bail revocation or forfeiture? - Conditions of release - Bail list - Bail specifications - Conditinal release clause - Readmittance to bail - Recommittment Recommittment is the return of defendant to the custody of the sheriff following either bail revocation or forfeiture __assumes the role of co-obligor - Surety company - Defendant - Court - Sheriff - Principal - Bond agent A surety bond is issued by obligor to protect the obligee against losses resulting from principal's failure to meet agreed upon obligation. The bail agent is the co-obligor Regarding bail bond, when principal is dishonest and is making false statements, the surety company is - still obligated to the obligee - no longer obligated to the obligee Regarding bail bond, when principal is dishonest and is making false statements, the surety company is still obligated to the obligee A corporation authorized by law to act as a surety should file in the county office a __designating and authorizing the named agent - Hire contract - Surety agreement - Power of attorney - Affidavit A corporation authorized by law to act as a surety should file in the county office a __designating and authorizing the named agent - Hire contract - Surety agreement - Power of attorney - Affidavit T/F An affidavit alone is usually conclusive as to the sufficiency of the security F: An affidavit alone may not be conclusive as to the sufficiency of the security.When court taking the bail bond is not fully satisfed as to sufficiency of the security offered, further evidence may be required T/F A surety is supposed to be liable for all reasobanle expenses incurred in returning the accused into the sheriff's custody T: Surety is supposed to be liable for all reasonable and necessary expenes incurred in returning accused into custody of the sheriff of the county where prosecution is pending When someone retained by bondsman has allegedly used force against the principal to make him surrender, bondsman may be sued OR is free of legal trouble When someone retained by bondsman has allegedly used force against the principal to make him surrender, use of force may be illegal and bondsman may be sued for civil damages - may also be guilty of assault T/F In La., a corporation but not a partnership may be licensed as an insurance agent or insurance broker F: In La., a corporation or a partnership may be licensed as an insurance agent or insurance broker In La., when a defendant fails to appear at the fixed initial appearance date, additional preforfeiture notice for that date should be sent to the defendant within how many days: 3,4,6,8,12,24,none of these None -In La., when a defendant fails to appear at the fixed initial appearance date, no additional preforfeiture notice for that date should be sent to the defendant or the surety In La., no judgement of bond forfeiture shld be enforced until how many days after the expiration of 6 months after the mailing of proper notice of the signing of the judgement of forfeiture? 6,8,10,14,15,30,60 In La., no judgement of bond forfeiture shld be enforced until 10 days after the expiration of 6 months after the mailing of proper notice of the signing of the judgement of forfeiture T/F In La., out-of-state recovery personnel may make arrest directly F: In La., licenses are required for bounty hunters and that out-of-state recovery personnel must contract with a bail agent licensed in La. In La., one that seeks to be a resident individual insurance producer for bail bond must 1st participate in a __ month Bail Bond Apprentice Program: 1,3,6,9, none In La., one that seeks to be a resident individual insurance producer for bail bond must 1st participate in a 3 month Bail Bond Apprentice Program T/F As an alternative to teh Apprentice Program, one may complete teh prelicensing education course to become a resident individual insurance producer for bail bond F: To become a resident individual insurance producer for bail bond must 1st participate in the Bail Bond Apprentice Program, Prior to the end of the apprentice program the apprentice will have to 1st complete the prelicensing education course. MUST be apprentice A person who is already actively licensed as a resident and is adding a new license type, is/is not subject to fingerprinting requirements when applying for a resident insurance producer license for bail bond An applicant for a resident insurance producer license for bail bond is subject to fingerprinting requirements - but one who is already actively licensed as a resident and is adding a new license type is exempted In La., a bondsman in general can/can't garnish wages In La., a bondsman in general can garnish wages ONLY with an order from a court requiring the garnishment. T/F In La., a bail bond can NEVER be refunded F: In La., a bail bond may be refunded ONLY if bondsman is willing to refund it. Whether charges are dismissed does not matter at all Generally, a new charge while out on bond will likely get a bond revoked OR will not affect th bond already posted Generally, a new charge while out on bond will likely get a bond revoked - a judge can revoke a bond simply for the defendant's failure to abide by the relevant bond conditions T/F A bail bond can be revoked for non-payment F: A judge can revoke a bond simply for the defendant's failure to abide by teh relevant bond conditions HOWEVER, a bail bond cant B revoked for non-payment. Nonpaymnt is a different contract related lawsuit bt the person and the bond agent obligor the party who owes the duty or debt; principal; in bail,the defendant A cosigner of a bail bond indemnifies the bail bondsman OR the eprson accused A cosigner cannot revoke bail bond since he is only an indemnitor indemnifying the bail bondsman Acquit to set free:to judicially discharge from an acquisition;to clear (a person) of a criminal charge Bail Enforcement the apprehension or surrender of a principal by a natural person who is released on bail or who has failed to appear at and state of the proceedings to answer to the charge before the court, in which he may be prosecuted Appearance bond the range of a criminal defendant's bond Types of criminal defendant bonds Bail Bonds Appeal Bonds Supersedes Bonds Habeas Corpus Bonds Extradition Bonds Civil Contempt Bonds Ne Exeat Bonds Secured Personal Surety personal surety who meets all the qualifications of law and specifically, mortages, immovable property located in the state of Louisiana Poilcy/certificate any contract of insurance, indemnity, medical, health or hospital service, suretyship, or annuity issued, proposed for issuance, or intended for issuance by any insurer The Surety the individual/company who pledges to fulfill the obligation if the obligor defaults, or in lieu thereof, to pay a specified sum of money. The sum is called the face amount of the bond. Formal Contract A contract made binding by the oberservance of required formalities regardless of the giving of consideration; specifically a contract the is a contract underseal, a recognizance, a letter of credit, or negotiable instruments Insurance Companies and their producers are regulated by the Insurance Commissioner and his staff in the DOI; an of the lines of authority specified in RS 22:1547 Bail Monetary or other form of security to insure the appearance of the defendant at every stage of the criminal proceedings; any type of pretrial release Probable Cause Facts sufficient to cause a person of reasonable caution to believe a crime has been committed and if applicable that a specific person has committed the crime 2 types of personal surety Unsecured and Secured Voluntarily Surrender personal appearance without confinement by a law enforcement officer or bail recovery agent Surety One who undertakes to pay money or perform some act if the principal fails to pay or perform Producer A person required to be licensed under the laws of this state to sell, solicit, or negotiate insurance, and includes all persons or business entities otherwise referred to in the La. Insurance code False Swearing when a person tells a lie under oath,and it is put in writing and sworn before a notary or other such official Waiver implies giving up of a known right Offer & Acceptance one party must take a proposition to the other and the other must accept the proposal Competent Parties sometimes referred to as "sui juris" parties The parties must be legal age and in no way mentally impaired Breach of Contract One party's failure to perform some act, which be contractually agreed to do. In addition the aggrieved party may ask for monetary damages under a suit Unilateral Contract A contract in which only one party is obligated to perform. Compare to bilateral contracts Contract an agreement between 2 or more persons which is legally binding Informal Contract Any contract that is not formal contract. Also called simple contract Bilateral Contract A contract in which both parties have promised to perform. Compare to unilateral contract Implied Contract a contract that infers to exist from the words and conducts of the parties Appearance Bond in a criminal proceeding, guarantees that the defendant will appear in court each and every time he is ordered to do so until the case is disposed of by the court Exonerate to remover a burden or release from a duty. To free from responsibility Jump bail leaving the jurisdiction or any other act by a defendant to avoid a court appearance after a bail bond has been posted Judgment the decision of a court. In cases of forfeiture, the judgment is the court's order for the surety to pay Bail Bond Regulatory Board a 7 member board appointed by the Insurance Commissioner to assist the Dept. Of Ins. in the regulation of the bail industry Bail Bondsman a limited surety agent or professional bondsman, as hereinafter defined Co-sureties 2 or more sureties to the same obligation Department in this course, The Dept of Ins Liability In surety, an obligation, which must be preformed or otherwise fulfilled. The face amount of a bond. Indemnify to secure against loss; to insure; to hold harmless Indemnitor One who indemnifies Defendant one who must defend himself in some action of law. In criminal proceedings, the accused. In criminal surety bonds, the principal Collateralize to make secure with collateral Misrepresentation False statement made during the period of inducement to sign a contract Build-Up-Fund (BUF) A fund which is held in trust for the limited surety agent by the surety company and into which a portion of all bond premiums are paid. This fund is normally used to indemnify the company from losses, which might be caused by the agent Extradite to surrender or deliver (a fugitive) to another jurisdiction Contempt of Court an act or omission tending to obstruct or interfere with the orderly administration of justice or to impair the dignity of the court or respect for its authority A court possesses inherently all powers necessary for the exercise of its jurisdiction and the enforcement of its lawful orders. A court has the power to punish for contempt Courts have the jurisdiction and powers over criminal proceedings that are conferred upon them by the constitution and statues of this state 5 elements of Fraud 1. False Statement 2. The party who makes the statement must know its untrue 3.He must intend that the other party will believe falsehood 4. The other party must accept the statement as the truth 5. The other party must be damaged as a result Unfair methods of competition and unfair or deceptive acts or practices in the business of insurance 1. Misrepresentation 2. False information & advertising 3. Defamation 4. Boycott, coercion, & intimidation 5. False financial statements/False entries 6. Stock operations 7. Rebates 8. Unfair claims Obligee, Obligor, Surety Parties of a bail bond contract Actions that make a bond unenforceable Fraud, misrepresentation, concealment, false swearing, waiver Representations statements made by contracting parties during the stages of inducement to sign a contract. If 1 statement is untrue it is called misrepresentations Concealment the intentional withholding of facts by one party to a contract, which if they were known, would prevent the other party from signing the contract Agreement a meeting of the minds Consideration the integral part of a valid contract; "good and valuable" Can be an act for an act, a promise for a promise, or an act for a promise Legality of object the contract must be entered into for legal purposes Executory Contract a contract that sets forth promises that are not yet performed Express Contract a contract created by the explicit language of the parties. compared to implied contract 2 Types of Contempt of court Direct & Constructive Delegate to appoint, authorize or commission Direct Contempt one committed in the immediate view and presence of the court and which it has personal knowledge ,or a contumacious failure to comply with a subpoena, summons, or order to appear in court, proof of service of which appears of record; a contumacious failure to comply with an order sequestering a witness Obligee the party to whom some obligation is due. In bail contracts, The State of Louisiana. As represented by the courts, is the obligee Constructive contempt willful neglect or violation of a duty by a clerk, sheriff, or other person elected. willful disobedience of any lawful judgment order, etc. Rem0val of any person/property in the custody; unlawful detention of a witness Runner a person employed by a bail bondsman insurer or general agent for the purpose of assisting in presenting the defendant in court when required, to assist in the apprehension and surrender of the defendant, or to keep defendant under necessary surveillance. Has no power on his own and must work under supervision and cannot write or post bonds Conviction In criminal proceedings, the formal finding of the guilt of the defendant by a judge or jury Execute to complete and sign a document so that is becomes legally binding on the parties Power of Attorney A written instrument authorizing an agent to perform certain acts on behalf of the principal Discharge in reference to surety bonds, to fulfill the obligation of the bond. In bail bonds, the bond is said to be discharged when the case is disposed of General Agent an individual, partnership association, or corporation appointed or employed by an insurer to supervise or manage the bail bond business written by the limited surety agents licensed by the conpany Limited Surety Agent an individual who is appointed by an insurer, with power of attorney to execute or countersign bail bonds in connection with judicial proceeding and who receives or is promised money or other things of value therefor Insurer party who provides insurance and/or surety bonds. Defined in this course to mean any surety company licensed to transact business in Louisiana; shall be the same definition set forth in RS 22:46 Surrender the act by which an accused is delivered to the proper authorites Bail Bond The document executed to secure the release of an individual in custody of the law Felony a crime punishable by death, a life sentence, or a term for more than one year in the state penitentiary. More serious than a misdemeanor Capital Offence a felony for which the punishment may be the death penalty Recognizance a promise; undertaking Release on Recognizance Release from jail on the defendant's promise to appear. Refered to "recog" ot "ROR" Indictment formal accusation drawn by a prosecuting attorney and presented to a grand jury. If the grand jury finds there is sufficient evidence to believe that the name accused is guilty of the crime described, it returns a "true bill" and the accused is said to have been "indicted" Warrant of Arrest a written order commanding the sheriff or other law enforcement officers to seize the name of the person to answer for some offense. Is used interchangeable with "capias" Disposition in criminal proceedings, a final statement, a termination of the case Writ a written judicial order Extradition the legal process by which a person has committed a crime in one state and fled to another state to be returned to the state where the crime was committed Default Failure to do what is required Custody the care and control of a thing or person for inspection,preservation, or security Fugitive one who leaves the jurisdiction of court or who hides within the jurisdiction to avoid prosecution Adjudicate to decide a matter based on evidence presented to the court. To rule upon judicially Hearing a court proceeding usually to determine some particular issue within a case, though it is possible for an entire case to be settled as a result of a hearing less formal than a trial and never involves a jury Conversion the unlawful assumption of ownership of the property of another. If the bondsman wore jewelry which he was holing as collateral, that would constitute conversion Suspend to put aside temporarily Does not qualify for exemption bail Continuing Ed 12 hours every 2 years odd # years on birthday Continuing Ed Exempt Age 65 military medical DOI tracks 3 addresses for every licensed insurance producer Mailing Resident Business * 50 fine if DOI not notified Authorized Insurer shall has the same definition as set forth is RS 22:46 Business Entity a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity Commission a fee paid to an insurance producer as a percentage of this premium generated by a solid insurance policy or direct compensation or reward Home State the District of Columbia or any state or territory of the US in which an insurance producers maintain a principal place of residence or principal place of business and is licensed to act as an insurance producer Insurance Producer person required to be licensed under the laws of the state to sell, solicit, or negotiate insurance and includes all persons or business entities License a document issued by this state's commissioner of insurance authorizing a person to act as an insurance producer for the lines of authority specified in the document Limited Line Credit Insurance includes credit life, credit disability, credit property, credit unemployment, involuntary unemployment, mortgage life, mortgage disability and any other form of insurance offered in connection with an extension of credit that is limited to partially or wholly extinguishing that credit obligation that the commissioner of insurance determines Limited Line Credit Insurance Producer an insurance producer who sells, solicits or negotiates one or more forms of limited line credit insurance coverage to individuals through a master, corporate, or group individual party NAIC National Association of Insurance Commissioners Limited lines Insurance any authority granted by the commissioner of insurance which restricts the authority of the licensee to less that the total authority prescribed in the association major lines pursuant to RS 22:1547 (a)(1-6) Limited Lines Producer an insurance producer authorized by the commissioner of insurance to sell, solicit, or negotiate limited line insurance Negotiate to confer directly with or to offer advice directly to the purchaser, certificate holder, or enrollee, or prospective purchaser, certificate holder or enrollee, of a particular contract of insurance including certificates, riders, endorcements, or amendments concering any of the benefits,terms, or conditions of the contract if the person engaged in is an insurance producer Person any natural or artificial legal entity including but not limited to individuals, partnerships, associations, trusts or corporation Sell exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurer Solicit to attempt to sell insurance or to ask or urge a person to apply for a particular kind of insurance from a particular insurer Surplus Line Broker an insurance producer solicits, negotiates, or procures a property & casualty policy with an insurance company not licensed to transact business in the state which cannot be procured from insurers licensed to do business in the state Terminate to cancel the relationship between an insurance producer and the insurer or the termination of a producers authority to transact insurance Bail Bonds unless denied licensure to RS 22:1554 persons who have met the requirements of this subpart shall be issued an insurance producer license. An insurance producer may receive qualification for a license in one or more of the following lines of authority Bail is Domestic Every licensed producer shall file an application for renewal of his license every 2 years, by notifying the commissioner of the licensee's intention to continue his license as either a producer, limited lines producer, or surplus lines producer An licensee who fails to file timely for license renewal shall be charged a late fee authorized by RS. 22:821 No information formal declaration by a prosecuting attorney that information will not be filed in a case. Similar in effect to a nolle prosequi An insurance producer who allows his license to lapse may, within 5 years from the expiration date of the license, reinstate the same license upon proof of fulfilling all continuing education requirements through the date of reinstatement and upon payment of all fees due. If lapsed more than 5years the applicant shall fulfill the requirements of a new license Contempt of Court -Civil a failure to do something which the court has ordered for the benefit of another party to the proceeding Misappropriate to use funds or property of another for a purpose other than that which was intended or legally required Remission release from debt or obligation; pardon Habeas Corpus You have the body. A writ employed to bring a person before the court Rule In the statutes and in this course refers to the Administrative Rules of the Insurance Commissioner Bondsman one who gives surety for another.In this course it means a limited surety agent or professional bondsman Bail enforcement the apprehension or surrender of a principal by a natural person who is released on bail or who has failed to appear at any state of the proceedings to answer the charge before the court in which he may be prosecuted Surveillance oversight or supervision; observation Thwart to make impossible Attorney-in-fact one who is an agent or representative of another, and is given authority to act in the person's place and name. The document giving this authority is called a Power of Attorney True Bill see indictment Defendants must pay 12% of the bond Contempt of Court- Criminal an act of contempt against the court itself, usually occurs in the court room when court is in session. Punishment is usually handed out immediately and bail is not possible Bond customarily, a written instrument in which one party(the principal or obligor) agrees to perform some act for the benefit of a second party(the surety) agrees to pay the sum of money which has been fixed as the penalty if the principal fails to perform Bail Solicitor an individual who holds and insurance license and is authorized by a duly licensed bail bond agent to solicit contracts of bail bond insurance and engages in bail enforcement, solely on behalf of licensed bail bond agent Commercial Surety a surety company authorized to do business in the state of Louisiana may become surety for the release of a person on bail Personal Surety must be a natural person domiciled in this state who owns property in this state that is subject to seizure and is of sufficient value to satisfy, considering all his property, the amount specified in the bail bond Revoke to cancel permanently Unsecured personal Surety the surety meets all the qualifications of laws & lives and resides in the State of Louisiana without specifically mortgaging or giving a security interest in any property as security to guarantee the surety's performance Specific Performance if one party to a contract refused to perform some contracts for obligation and the other party wished to continue the agreement the injured party may ask a court to compel the first party to fulfill his duty Equitable that which is right and just rather than that which is merely legal Forms and Contents of bail order -be in writing -set the type -single amount of bail for each charge -designate the officer -signed by the magistrate Factors in determining amount of bail -seriousness of the offenses charged - weight of the evidence -previous criminal record -ability of defendant to give bail -nature/seriousness of danger to another -defendants voluntary participation in pretrial drug testing -Absence /presence of CDS in defendant's blood -whether currently on bond -any other circumstances affecting appearance -type or form of bail A warrant of arrest remains in effect until executed Types and elections of bail -bail with commercial surety -bail with secured personal surety -bail with an unsecured personal surety -bail without surety, with or without security -bail with a cash deposit Person shall not be released on bail for which an attorney at law, a judge, or ministerial officer of a court becomes a surety or provides money or property for bail; but the invalidity of such bail shall not be a defense to an action to forfeit and enforce the bail The warrant of arrest shall -be in writing and be in the name of State of Louisianaa - State the date when issued and parish -state the offense charged -command that the person against whom the complaint was made be arrested and booked -be signed by the magistrate with the title of his office Appellant a person who brings an appeal Appellee a party against whom the appeal is taken Premium the sum paid to an insurer for providing insurance or a surety bond 12% of the total amount of the bond Continuing Education 12 hrs every 2 years odd # years on birthday Obligor the party who owes the duty or debt; principal. in bail the defendant Criminal Defendant Bonds -bail bonds -appeal bonds -supersedes bonds -habeas corpus bonds -extradition bonds -civil contempt bonds -ne exeat bonds Constructive Contempt will neglect or violation of a duty by a clerk, sheriff, or other person elected. Willful disobedience of any lawful judgment, order, etc. Removal of any person/ property in custody. Unlawful detention of a witness 2 kinds of Contempt of court direct constructive Legality of Object the contract must be entered into for legal purposes Policy/Certificate any contract of insurance, indemnity, medical, health, or hospital service, surety ship, or annuity issued, proposed for issuance, or intended for issuance by any insurer Voluntary surrender personal appearance without confinement by a law enforcement officer or bail recovery agent Unilateral contract a contract in which only one party is obligated to perform . Compare to bilateral contract Grand Jury a body of people selected and summoned to investigate and inform on crimes committed within its area of concern Committing Magistrate any judicial officer with the power to commit a person to jail Misstatement a falsehood; a lie Material essential to a given matter. In a bail contract, a material false statement is a lie told by the defendant to write the bond, which if the truth were known Nolle Prosequi "unwilling to prosecute" the formal declaration by the prosecuting attorney that a case will not be further prosecuted. Also called "Nolle" or "Nol Pros". Released the surety False Statement an untrue statement knowingly made with the intent to mislead Information A written accusation drawn by a prosecuting attorney to accuse a person of a specific crime. Has the same effect as an indictment but a Grand Jury is not utilized Instrument in law, a written document, which is capable of being used as evidence Appeal the act of asking a higher court to review the judgment of a lower court and reverse the lower courts decision or to grant a new trial Affidavit A written statement given voluntary under oath before a notary public or other official authorized to administer oaths Writ of Supersedeas writ issued by a higher court to command a delay in, or stop the carrying out of some order of the lower court. The Writ is commonly called stay. Underwrite to sign one's name, thereby assuming a liability; to insure the satisfaction of an obligation, such as a surety contract. Also used to denote the investigation which precedes the actual underwriting Supersedeas " You shall forebear" Collateral Offense something of value given by, or on behalf of, the principal (defendant) to protect the surety from loss. Usually shortened with collateral Forfeit to give up or surrender something as a penalty for having failed to comply with recognized obligation Department of Insurance a division of the government of Louisiana, established to regulate the insurance industry(which includes surety) It is headed by an elected official, the Insurance Commissioner Estreat the leagal process by which a court calls upon the surety to produce the body of the defendant. If the surety does not comply, the bond is forfeited. Though not quite correctly"estreat" and "forfeit" are used interchangeably Hold Harmless to protect from loss or liability; indemnify. Also called "save harmless" Writ of Habeas Corpus called the "great writ". Commands a jailer or other officials to being a prisoner before the court so that the court may decide if the detention is lawful Habeas Corpus Bond operates as a bail bond while a decision is being made as to whether a prisoner was being illegally detained. Also guarantees the payment of court costs if the detention is determined to be legal Jurisdiction the power to hear and determine a case Principal in a surety contract, the obligor. In contracts of agency, the principal is the party giving power of attorney to another. In an indemnity contract, the principal is the Indemnitor Jury a group of people who are called together to decide an issue at law Penalty in surety, the face amount of the bond. The total amount which the surety will be forced to pay if the principal defaults. Sometimes called "penal sum" Petit Jury an ordinary trail jury Willful intentional and voluntary as distinguished from accidental or by force Appeal Bond operates as a bail bond for an appellant in a criminal case. The conditions are that the defendant will prosecute the appeal, and that he will surrender himself to serve his sentence if the lower court is upheld Agency a relationship in which one person acts on behalf of another with the authority of the latter Statue of Frauds name of English statute, which states that certain types of transactions, must be in writing to be enforced Extradition Bond used by the defendant in extradition proceedings to gain his freedom in the arresting state while a decision is being reached on whether he will be handed over to the requesting state. Guarantees that he will surrender himself, of order to do so, to be returned to the requesting state Corporate Surety a legal business entity (a company) created by law for the purpose of issuing any and all types of bonds Nolo Contendre " I do not wish to contend" not actually a formal plea, but a statement that a defendant will not offer a defense to an accusation. Usually treated as a guilty plea by the court Countersign to sign on behalf of another, to endorse Supersedeas Bond in criminal proceedings, allows a defendant his freedom during the period of the stay Commissioner the commissioner of insurance of this state Insured the party names on a policy or certificate as the individual with legal rights to the benefits provided by such policy Void Contract a contract that cannot be enforced in court of law by either party Valid Contract a contract that can be enforced by either party A criminal defendant's bond is a contract Implied Authority authority given to the agent as a result of the principals conduct, such as the principals earlier acquiescence to the agent's actions Express Authority -see actual authority that which is expressly written in the agent/agency contract Statement includes but is not limited to any notice, statement, proof of loss, bill of lading, receipt of property damages, bill of services, etc Actual Authority the authority which is expressly given to an agent by contract and or by power of attorney Apparent Authority the authority which the public may reasonably believe an agent to have The following acts shall be punishable: -committing any fraudulent insurance act -presenting/causing to be presented any written/ oral statement -assisting, abetting, soliciting or conspiring with another Fraudulent Insurance Act shall include but not be limited to acts or omissions committed by any person who, knowingly and with intent to defraud The commissioner of insurance has the power to examine and investigate into the affairs of every person engaged in the business of insurance, including violations Fraud in the Inducement the result of false statements made by one party to induce the other party to sign the contract the contract becomes voidable at the option of the defrauded party Fraud makes many forms and is exhibited in many phases of human conduct Intentional deception resulting in damage to another Voidable If one party has the option of enforcing the contract or voiding it Incarceration the confinement in a jail or prison Misdemeanor a crime which is punishable by a fine or a term of one year or less in other than a state prison. Less serious than a felony In bail, no taxes are paid on premiums because it is actually ___% of the bond and ____% to the state 10%; 2% 2 steps for adding a trade name 1. Register the name with the Louisiana Secretary of State 2. Complete and submit the change of record form Trade Name cannot include terms such as "Inc", "Corp", "Limited", or "LLC" or any phrase that is required to be a part of the name of a corporation The commissioner of insurance may issue a temporary producers license for a period not to exceed 180 days without requiring an examination if the commissioner deems that the temporary license is necessary for the servicing of an insurance business Sufficiency Ampleness, adequacy. To determine the sufficiency of bail means to decide whether the assets pledged are equal to the amount of bond Commissioner will issue temporary license for the following reasons: if deceased-to surviving spouse, next of kin, administrator or executor employee of license producer if license producer is mentally/ physically disabled for sale of insurance business owned Unless denied licensure pursuant to RS 22:1554, a nonresident person shall receive a nonresident producer license The person is currently licensed as a resident and in good standing with the home state Undertaking promises to perform some act Contempt Bond given in a civil contempt cases to guarantee the principal will obey the orders of the court in the future Rebate the return part of a fee or payment. In bail, we do not Vacate to render void; to set aside as an order of forfeiture or a judgment Pre-Sentence Investigation Investigation conducted by the probation department to assist the court in sentencing a criminal offender. Usually includes prior convictions, prior arrest, employment history, and education, family and social background Writ of Ne Exeat order from a judge in a civil case ordering one of the parties jailed to prevent him from leaving the state Ne Exeat Bond allows the defendant to go at large until the civil case is finally settled. Guarantees he will not leave the state, will appear when ordered, and obey other orders of the court Motion application to a court requesting an order or ruling Ne Exeat "no exit" Magistrate a public official vested with some part of the legislative executive or judicial orde