Bail bonds fl state exam key terms – Flashcards
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Limited surety
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Agents of insurance companies.
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Contract
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A legally binding agreement between two or more people.
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Acquit
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To set free
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Adjudicate
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To decide a matter based on evidence presented by the court
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Affidavit
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A written statement given voluntarily under oath before a notary or other official
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Agency
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A business location at which a licensed and appointed bail bond agent engages in any activity under the license and appointment of bail bonds
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Appeal
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The act of asking a higher court to review the judgement of a lower court and reverse the lower courts decision
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Appeal bond
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Operates as a bail bond for an appellant in criminal case
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Appearance bond
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In a criminal proceeding guarantees the defendant will appear in court
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Appellant
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A person who brings an appeal
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Appellee
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Party against whom the appeal is taken
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Attorney in fact
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One who is an agent or representative of another who is given authority to act on behalf of another
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Authority (actual)
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The authority expressly given to an agent by contract and or by a power of attorney
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Authority (Apparent)
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The authority the public may reasonably believe an agent has
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Authority (express)
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Same as actual authority
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Bail
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Monetary or other form of security given to ensure the appearance of the defendant at every stage of the proceeding
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Bail bond
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The document extended to secure the release of an individual in custody by law
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Bail bond agent
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A limited surety agent of professional bail bond agent
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Bond
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A written instrument in which a party agrees to perform some act for the benefit of a second party, and the third party agrees to pay the sum of money fixed as the penalty
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Bondsman
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Same as bail bond agent
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Build up fund
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An optional fu d that is held in trust for the limited surety company and into which all bond premiums are paid
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Capias
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A writ commanding the arrest of a person so that he may be compelled to appear before the court
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Capital offense
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A felony for which the punishment may be the death penalty
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Collateral security
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Something of value given by or on behalf of the defendant to protect the surety from loss
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Collateralise
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To make secure with collateral
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Committing magistrate
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Any judicial officer with the power to commit a person to jail
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Concealment
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Intentional withholding of material facts
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Consideration
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The bargaining portion of a contract
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Contempt bond
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Give. In civil cases to guarantee the principal will obey the orders of the court in the future.
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Contempt of court (civil)
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Failure to do something the court has ordered for the benefit of another party to the proceeding
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Contempt of court (criminal)
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An act of contempt against the court itself , usually occurs in the court itself. Punishment is usually given immediately and bail isn't possible
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Contract
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A legally binding agreement between two or more people.
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Conversion
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The unlawful assumption of ownership of the property of another
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Conviction
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In criminal proceedings, the final finding of guilt by a judge or jury.
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Corporate surety
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A legal business entity (company) created by law for the purpose of issuing any or all types of bonds
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Co sureties
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Two or more sureties to the same obligation.
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Countersign
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To sign with or on behalf of another ; to endorse
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Default
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To fail to do what is required
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Defendant
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One who must defend themselves in some action at law, the accused
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Delegate
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To appoint , authorize , or commit.
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Department
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The department of financial services
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The department of financial services
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A division of the government of FL established to regulate the insurance industry
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Discharge
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In reference to a surety bond, to fulfill the obligations of the bond.
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Disposition
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In criminal proceedings, a final settlement or termination of the case
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Estreat
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The legal process by which a court calls upon the surety to produce the body of the defendant.
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Execute
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To complete and sign the document so that it becomes legally binding on the parties
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Exonerate
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To remove a burden or release from a duty
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Extradite
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To deliver out
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Extradition
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The legal process by which a person who has committed a crime in one state fled to another state may be returned to the state where the crime was committed
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False statement
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Same as misstatement
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False swearing
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A written false statement given under oath before a notary public or other such official
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Fiduciary
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A person who has the power and obligation to act as another under circumstances that require total trust, good faith, and honesty
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Final Judgement
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A judgement of a court finally settling to the entire matter before it.
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Forefeit
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To give up or surrender something as a penalty for failing to comply with a legal obligation
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Fraud
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Intentional deception resulting in damage to another
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Fugitive
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One who leaves the jurisdiction of the court or hides within the jurisdiction to avoid prosecution
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General agent
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An individual,partnership, or corporation that supervises or manages the the bail bond written by Limited surety agent's licensed by the company.
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Grand jury
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A body of people selected and summoned to investigate and inform on crimes committed within its area of concern.
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Habeas corpus
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You have the body
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Habeas corpus bond
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Operates as a bail bond while a decision is being made as to whether a prisoner is being illegally detained
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Writ of Habeas corpus
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Commands a jailer to bring a prisoner before the court so that the court may decide if the detention is lawful
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Hearing
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A court proceeding usually to determine issues within a case
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Hold harmless
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Protects from loss or liability
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Incarceration
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Confinement in a jail or prison
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Indemnify
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To secure against loss, to insure, to hold harmless.
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Indemnitor
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The person who pledges collateral to a surety in order to secure the release of a defendant from jail.
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Indictment
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The formal accusation drawn by a prosecuting attorney and presented to a grand jury.
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Information
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A written document capable of being used as evidence
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Insurer
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Party who provides insurance and or surety bonds
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Judgement
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The decision of the court
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Jump bail
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Leaving the jurisdiction or any other act by a defendant to avoid a court appearance after bail has been posted
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Jurisdiction
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The power to hear and determine a case
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Jury
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A group of people called together to decide an issue at law
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Liability
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An obligation that must be performed or otherwise fulfilled
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Limited surety agent
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An individual who is appointed by an insurer by power of attorney to execute or counter sign bail bonds in connection with judicial proceedings and who therefore receives or is promised money or other things of value
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Magistrate
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A public official vested with some part of the legislative, executive,or judicial power
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Managing general agent
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An entity appointed or employed by an insurer to supervise or manage the bail bond business written in this state by bail bond agents appointed by the insurer
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Misappropriate
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To use funds or property of another for a purpose other than that which was intended or legally required
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Misdemeanor
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A crime punishable by fine or a term of one year or less in a facility other than state prison.
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Misrepresentation
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False statements made during the period of inducement to sign a contract
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Misstatement
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A lie
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Material
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A lie told by the defendant to persuade a surety to write a bond
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Moral turpitude
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Dishonesty of a high degree
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Motion
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Application to a court requesting an order or ruling
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Ne exeat
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No exit
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Ne exeat bond
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Allows the defendant to go at large until the case is finally settled
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Writ of Ne exeat
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Order from a judge in a civil case ordering one of the parties jailed to prevent then from leaving the state
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Nolle prosequi
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Unwilling to prosecute
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No information
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Formal declaration by a prosecuting attorney that an information will not be filed in a case
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Nolo contendre
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I do not wish to contend
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Obligee
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The party to whom an obligation is due
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Obligor
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The party who owes the debt
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Pecuniary
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Involving money
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Penal sum
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Penalty
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Perjury
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A false statement made under oath in a judicial proceeding
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Petition jury
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Ordinary trial jury
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Power of attorney
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A written instrument authorizing an agent to perform certain acts on behalf of the principal
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Premium
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The sum paid to the bondsman for providing surety bond
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Presentence investigation
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Investigation conducted by the probation department to assist the court in sentencing a criminal offender
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Pretrial intervention
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A remedial program where by a defendant is removed from the regular court prices and placed into a voluntary program of probation
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Primary bail bond agent
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A licensed bail bond agent who is responsible for the operation and management of a bail bond agency location
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Principal
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The party giving power of attorney to another
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Probable cause
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Facts sufficient to cause a person of reasonable caution to belie e a crime has been committed
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Professional bail bond agent
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Any person who pledges property as security for bail bonds in judicial proceedings, and who therefore receives or is promised money or other things of value
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Rebate
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The return of part of a fee or payment
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Recognizance
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A promise
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Release on recognizance
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A release from jail on the defendants promise to appear
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Remission
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Release from a debt or obligation
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Revoke
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To cancel permanently
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Rule
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The Florida administration code
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Statute of frauds
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An English statute stating that certain types of transactions must be in writing to be enforced
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Sufficiency
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To decide whether the assets pledged are equal to the amount of the bond
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Sui juris
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Of legal age and sound mind
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Supersedeas
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You shall forebear (stay)
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Supersedeas bond
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Allows a defendant their freedom during the period of the stay
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Writ of supersedeas
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Writ requesting by a higher court requesting a delay in the carrying out of some order of the lower court
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Surety
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One who undertakes to pay money or to perform some act if the principal fails to pay or perform
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Surrender
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The act by which an accused is delivered to the proper authorities
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Surveillance
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Oversight or supervision
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Temporary bail bond agent
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A person operating under a temporary license
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Thwart
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To make impossible
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True bill
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Indictment
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Undertaking
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A promise to perform some act
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Underwrite
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To sign ones name assuming liability to insure the satisfaction of an obligation
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Vacate
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To render void
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Waiver
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The giving up of a known right
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Warrant (arrest)
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A written order commanding the sheriff or other law enforcement officer to seize the named person.
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Willful
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Intentional and voluntary
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Writ
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A written judicial order
