Bail bond agent: any person or corporation which acts as a
surety by pledging money or property as
bail for the appearance of a defendant in court.
Bail bond agents specialize in sureties for criminal defendants, often securing their
customers' quick release.
A surety is a party agreeing to be responsible for the financial obligation of another.
Additionally, the situation in which a surety is most typically required is when the ability of the primary
principal to perform its obligations under a
contract is in question. In most
common law jurisdictions, a contract of suretyship is
subject to the
statute of frauds.
Subrogation: If the surety is required to perform due to the principal's failure to do so, the law will usually give
the surety a right of
subrogation. This allows the surety to "step into the shoes of"
the principal and use his contractual rights to recover the cost
of making payment or performing on the principal's behalf, even
in the absence of an express agreement to that effect between
the surety and the principal.
Bail is money deposited or pledged in order to persuade the court to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail (and be guilty of the
crime of
failure to appear). In most cases bail money will be
returned at the end of the trial, if all court appearances are
made, regardless of the court findings.
A bounty hunter captures
fugitives for a
monetary reward (bounty).
Other names, mainly used in the US, include bail agent, bail
enforcement agent, bail officer, fugitive recovery agent,
fugitive recovery officer and bail fugitive recovery specialist.
Common law refers to law and the corresponding legal system developed
through decisions of courts and similar tribunals, rather than through
legislative statutes or executive action. The common law is created and refined by
judges: a decision in the case currently pending depends on
decisions in previous cases and affects the law to be applied in
future cases. When there is no authoritative statement of the
law, judges have to set a
precedent.
The body of a precedent is its common law application to future court decisions.
In future cases, when parties disagree on what the law is, an idealized common law court looks to past
precedents in similar decisions of relevant courts. If a similar
dispute has been resolved in the past, the court is bound to
follow the reasoning used in the prior decision (this principle
is known as
stare decisis.
Case of First Impression: If, however, the court finds that the
current dispute is fundamentally distinct from all previous
cases, it will decide as a "matter
of first impression." Thereafter, the new decision becomes
precedent, and will bind future courts.
A court is a public forum used by a power base to
adjudicate disputes and dispense
civil, labour, administrative and
criminal
justice under its
laws. In
common law and
civil law
states, courts are the central means for
dispute resolution, and it is generally understood that all
persons have an ability to bring their claims before a court.
Similarly, those accused of a crime have the right to present
their defense before a court.
Jurisdiction (from
the Latinius, iuris meaning "law" and dicere
meaning "to speak") is the practical authority granted to a formally constituted legal body or to a
political leader to administer justice within a defined area of responsibility.
Court bail: Where having
already been in court a suspect is granted bail pending further
investigation or while the case continues
Bailment describes a
legal relationship where physical possession of personal property
is transferred from one person (the 'bailor') to another person
(the 'bailee') who subsequently holds possession of the property but not its ownership or right to use.
Moreover, unlike a security agreement or pawn at a pawnbroker, where the secured party is entitled to the
possession and use of the property upon
default of payment, a bailor can
demand the return of the property at any reasonable time,
without prior notice.
Remand is a legal term which has two related but distinct usages. Its etymology is from
the Latin re- and mandare, literally "to order."
It evolved in Late Latin to remandare, or "to send back word." It
appears in
Middle French as remander and in
Middle English as remaunden, both with essentially
the same meaning, "to send back."
Remand (court case): an action by an appellate court in
which it remands, or sends back, a case to the trial court or
lower appellate court for action
Detention of suspects: remand may also refer to the detention of
suspects before trial or sentencing