Exam (elaborations)
BAIL BONDS LOUISIANA QUESTIONS AND ANSWERS 2024
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BAIL BONDS LOUISIANA QUESTIONS AND ANSWERS 2024
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BAIL BONDS LOUISIANAWrit of Habeas Corpus - ANSWERS-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 - ANSWERS-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 - ANSWERS-the power to hear and determine a case
Principal - ANSWERS-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 - ANSWERS-a group of people who are called together to decide an issue at
law
Penalty - ANSWERS-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 - ANSWERS-an ordinary trail jury
,Willful - ANSWERS-intentional and voluntary as distinguished from accidental or
by force
Appeal Bond - ANSWERS-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 - ANSWERS-a relationship in which one person acts on behalf of another
with the authority of the latter
Statue of Frauds - ANSWERS-name of English statute, which states that certain
types of transactions, must be in writing to be enforced
Extradition Bond - ANSWERS-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 - ANSWERS-a legal business entity (a company) created by law
for the purpose of issuing any and all types of bonds
Nolo Contendre - ANSWERS-" 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 - ANSWERS-to sign on behalf of another, to endorse
Supersedeas Bond - ANSWERS-in criminal proceedings, allows a defendant his
freedom during the period of the stay
Commissioner - ANSWERS-the commissioner of insurance of this state
Insured - ANSWERS-the party names on a policy or certificate as the individual
with legal rights to the benefits provided by such policy
Void Contract - ANSWERS-a contract that cannot be enforced in court of law by
either party
Valid Contract - ANSWERS-a contract that can be enforced by either party
A criminal defendant's bond is a - ANSWERS-contract
Implied Authority - ANSWERS-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 - ANSWERS--see actual authority
, that which is expressly written in the agent/agency contract
Actual Authority - ANSWERS-the authority which is expressly given to an agent by
contract and or by power of attorney
Apparent Authority - ANSWERS-the authority which the public may reasonably
believe an agent to have
The following acts shall be punishable: - ANSWERS--committing any fraudulent
insurance act
-presenting/causing to be presented any written/ oral statement
-assisting, abetting, soliciting or conspiring with another
Statement - ANSWERS-includes but is not limited to any notice, statement, proof
of loss, bill of lading, receipt of property damages, bill of services, etc
Fraudulent Insurance Act - ANSWERS-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 -
ANSWERS-
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