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study guide 4
Terms in this set (15)
An insurance company must meet certain requirements to a state to receive this certificate to do business there. Without this certificate the company is considered non admitted
certificate of authority
What is the first stage of courtroom preceding
_______ is usually held after arraignment at which the judge decides wether there is sufficient evidence to force defendant to stand trail.
this contract spell out what acts an agents is authorize to make for the insurer
The authority an agent posses by virtue of being reasonably necessary to perform his job. It may be inferred by virtue of the position held
Implied actual authority
It is in place when the principal's conduct would lead a reasonable 3rd person into believing that an agent was authorized to act. It does not matter whether the principal and the purported agent has actually talked about such arrangement
Apparent authority+ ostensible authority
which principle shifts the burden of proof onto the prosecution. The prosecution must affirmatively prove that one committed the crime.
The presumption of innocence
A defendant is guaranteed the right to stand trail by jury for offenses that has penalty of more the ___ months
Lesser crimes are often punished by fines/ shorter jail time
Longer jail time
Bail is a right in the form of surety bond. The bail would usually start__ with the assistance of a professional bail bondsman. Process is faster
Bail is always in the form of surety bond, required in every single case
With this type of bond, the defendant has no need to pay upfront but have to pay only if he fails to appear in court.
The crimes are listed on a chart along with amount of bail that must be posted for crimes. It does not cover all offenses
The court has no statutory obligation to notify the bondsmen of the court schedules.
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