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106 Cards in this Set
- Front
- Back
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With what officials must a bondsman register?
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Sheriff and Clerk of the Court in residence county and any other county bail to be written.
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How often must he or she register? (the bondsman)
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Before April 1st on odd number years, before writing your first bond.
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Record keeping requirements include/how long must they be kept?
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1.) daily bond register 2.) individual file 3.) records to show money sent to surety company or MGA. Must be kept for 3 years after bond discharge.
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Name and briefly define the three parties to a bail bond contract
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An obligee, an obligator, a surety.
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Define obligee
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One who obligation is owed.
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Define obligator
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One who owes the obligation.
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Define surety
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One who guarantees obligors action.
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What official(s) may approve and accept a bond?
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The Sheriff or the committing magistrate.
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What official(s) may approve and accept an appeal bond?
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The Clerk of the Trial Court.
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For what two reasons must the premium be returned?
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1.) When the court has no jurisdiction over the defendant 2.) When defendant surrenders without a violation of contract term
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What information must be shown on a premium receipt? (7 things)
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1.) date, name of principal, amount of money received, sum of bond, number of power of atty. attached, name of person making payment.
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What are the only two essential elements of a valid bail bond contract?
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1.) Place of appearance, amount of bond.
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When is the amount of bail considered to be "just right"?
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When the defendant can afford it but not afford to lose it.
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In addition to premium, what other fee may a bondsman accept?
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A transfer free up to 100.00 per defendant
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What is the current premium rate on a state bond under 1000.00?
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100.00 minimum
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What is the current bond premium rate on a state bond over 1000.00?
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10% of the bond.
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What is the current premium rate on a federal bond?
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15% of the bond.
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A crime punishable by death or a term of years in prison
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felony
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Crime punishable by a fine or term of less than one year
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misdemeanor
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True bill of a grand jury
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indictment
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Written accusation of the statement atty.
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information
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obligation of one person to make good losses caused by another
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indemnity
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sworn statement
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affidavit
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person who owes an obligation
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obligor
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person to whom an obligation is owed
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obligee
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process of calling on the surety to produce the defendant before court
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estreat
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something of value given or promised as security for a bond
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collateral
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Name the four courts in the Florida system
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County court, Circuit court, District court of appeals, Supreme court
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Which court has original jurisdiction over felonies?
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circuit court
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Which court has original jurisdiction over misdemeanors?
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county court
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Define "nolle prosequi"
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Unwilling to prosecute
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List some of the sources a bondman may use to locate a defendant
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the indemnitor, friends/family listed on application, talk to the defendant's former neighbors, the defendant's creditors, utility companies, mother-in-law, etc.
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If a bondsman is basing a request for a remission on his or her efforts to arrest and surrender the defendant, what must be furnished to the court?
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He must document all efforts to arrest defendant, prove all attempts to arrest defendant.
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What official must send notice to the surety of a required court appearance by the defendant?
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Clerk of the Court
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How must notice must be given? (regarding court appearance)
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72 hours, besides holidays and weekends.
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For what three reasons may a forfeiture be discharged within 60 days?
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1.) Defendant unable to appear for a valid reason, defendant is insane, defendant is rearrested.
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Which persons may arrest a defendant who has been released on bail for the purpose of surrendering him or her?
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Law enforcement officer, another agent of the same surety company, the bondsman that wrote the bond.
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What percentage of the bond is it possible to recover in 90 days?
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100%
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What percentage of the bond is it possible to recover in 180 days?
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95%
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What percentage of the bond is it possible to recover in 270 days?
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90%
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What percentage of the bond is it possible to recover in 1 year?
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85%
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What percentage of the bond is it possible to recover in 2 years?
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50%
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Make impossible
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thwart
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unwilling to prosecute
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nolle prosequi
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fail to perform as agreed
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breach
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the ability of a court to hear a case
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jurisdiction
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set aside; render void
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vacate
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to release from duty
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exonerate
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obligation that must be performed
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liability
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to decide a matter on evidence
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adjudicate
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final settlement
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disposition
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court order for payment
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judgment
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According to F.S. 648.442 and Rule 69b-221.135 what types of collateral may be accepted on bonds of over 50,000?
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prom. note, real property mortgage, indemnity agreement, any other security approved by the department
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In whose name must collateral be taken?
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surety's name by bondsmen as fudiciary
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How must cash collateral be handled?
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Under 5,000 held in a separate account and distinct account, over 5,000 sent to surety company or MGA.
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What four types of discipline may the Department of Financial Services impose on a licensee when applicable, for what length of time?
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license may be revoked, license may be suspended for up to 2 years, bondsmen may be placed on probation for 2 years, fine may be imposed
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What may be required of the bondsman before a suspended license is reinstated?
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It may be required to take basic certification and/or correspondence course.
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Soliciting business in a court or jail
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M
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Having a convicted felon in his employ
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F
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Recommending an atty. to a defendant
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M
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Making a material false statement on the license application
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D
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Being incompetent or dishonest in dealings
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D
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Failing to file required reports
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M
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failing to return collateral
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F
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withholding funds from his or her insurance company
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F
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lack of adequate knowledge to engage in the business
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D
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Signing blank bonds
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M or D (not sure)
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What is the term (length) of an indemnity contract?
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It is indefinite
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At what point does an indemnity contract become cancelable?
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Within ten days after bond is satisfied or forfeiture is discharged
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What info must appear on a collateral receipt? (7 things)
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prenumbered receipt, date, name of principal, detailed description of collateral, number of power of atty. attached, who holds the collateral, name of person placing the collateral.
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Upon proof of fulfillment of the obligation, what must a bondsman do with the collateral?
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Return to rightful owner or person to whom it is assigned.
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How much time does he/she (bondsman) have to comply with returning collateral?
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21 days after the bond is discharged
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If a bondsman is charged with a felony, what happens to his or her license?
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The license will be suspend by the Department license immediately temporarily suspended pending outcome of charges
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Intentional, not accidental
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Willful
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taking another's property for one's own use
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conversion
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putting the property of another to unlawful or unintended use
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misappropriation
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give back part of a fee
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rebate
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set aside temporarily
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suspend
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cancel permanently
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revoke
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intentional deception
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fraud
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formal finding of guilt
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conviction
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involving money
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pecuniary
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fee received as payment for a bond
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premium
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What is a compensatory damage?
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Compensatory damages pay a victim for his loss
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What is punitive damage?
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Punitive damages are designed to punish the wrongdoer and set an example for others
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What is an intentional tort?
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A tort is a civil wrong committed against an individual
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What may happened to someone who commits a tort?
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May be required to pay the medical bills of a victim, may be required to pay damages to the victim.
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What is a crime?
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A crime is an intentional wrong against society
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False arrest action...
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results when someone restrains another with no legal authority to do so
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Parties in a civil suit...
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The defendant is being used. The plaintiff is the party bringing the legal against against the other.
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Within how many days must a defendant in FL file an answer to a lawsuit?
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20 calendar days or a default judgment may be entered against him
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The purpose of a motion in an application to the court...
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To obtain a ruling or order directing some act be done in favor of the applicant
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What is the purpose of discovery?
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Provides each party in a lawsuit with the opportunity to acquire information about the other's case, allows most cases to be settled prior to going to court, includes interrogatories and statements made under oath
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Describe what happens with depositions?
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Depositions are taken, in writing, before a court reporter and the court has the power to order the compliance of one who refuses to comply with a deposition.
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Summary judgments..
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if it can be proved that no genuine issue of material fact exists and the judgment is entitled as a matter of law, the case can be won without going to court.
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What is "actus reus"
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the guilty act
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What is "mens rea"
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a crimal intent, guilty mind, the intention to commit a crime
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Who regulates insurance companies and insurance agents?
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The Department of Financial Services.
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Regulation of bail comes from which statutes?
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648, 903, 690-221
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What is a characteristic of insurance? (2)
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It may be cancelled or non-renewed, it is a two party contract.
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What is a characteristic of surety? (2)
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It is a three party contract, it may not be cancelled or no-renewed until the obligation is met
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The party to whom an obligation is owed
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obligee
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Party who owes an obligation
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obligor, the principal
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The ____ reimburses the ___ when the _____ fails to appear on required date?
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indemnitor, surety, obligor
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Which two parties may sometimes be the same?
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Obligor, indemnitor
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What is/are examples of criminal defendants bonds?
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civil contempt bond, supersedeas bond.
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