Bifurcate
Encyclopedia
In law, bifurcation is a judge's ability to divide a trial
into two parts so as to render a judgment on a set of legal issues without looking at all aspects. Frequently, civil cases are bifurcated into separate liability
and damages
proceedings. Criminal trials are also often bifurcated into guilt and sentencing phases, especially in capital
cases.
judges have wide discretion to structure trials. Factors evaluated will include congruence of issues, complexity for the jury, and possible prejudice to any of the parties. American Federal Rules of Civil Procedure
, Rule 42(b) allows the court to decide issues contained in separate trials.
In some states, a defendant
who has raised the defense of mental disease or defect will automatically create a bifurcated trial. In the first stage of the trial, both sides present evidence and testimony designed to establish that the defendant is either guilty or not guilty. If the defendant is guilty, the issue of mental disease is presented.
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
into two parts so as to render a judgment on a set of legal issues without looking at all aspects. Frequently, civil cases are bifurcated into separate liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
and damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
proceedings. Criminal trials are also often bifurcated into guilt and sentencing phases, especially in capital
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
cases.
Bifurcation under the Federal Rules of Civil Procedure
In Federal CourtUnited States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
judges have wide discretion to structure trials. Factors evaluated will include congruence of issues, complexity for the jury, and possible prejudice to any of the parties. American Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
, Rule 42(b) allows the court to decide issues contained in separate trials.
Bifurcation under State Procedure
State procedures differ widely.In some states, a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
who has raised the defense of mental disease or defect will automatically create a bifurcated trial. In the first stage of the trial, both sides present evidence and testimony designed to establish that the defendant is either guilty or not guilty. If the defendant is guilty, the issue of mental disease is presented.