Bifurcation is the judge's ability in law to divide the experiment into two parts so as to provide an assessment of a range of legal issues regardless of all aspects. Often, branched civil cases become separate responsibilities and damage processes. The criminal court is also often interspersed with phases of punishment and punishment, especially in cases of capital.
In the case of divorce, some countries allow bifurcation, which allows divorce cases to be settled with certain aspects, such as property, to be handled after dissolution. Some countries allow bifurcation, some do not allow it, and some state laws do not address the issue.
In arbitration, bifurcation may be used to overcome certain problems, which may delay negotiations, conclude certain agreed points, while working on solutions to any problems that trigger bifurcation needs.
Video Bifurcation (law)
Bifurcation under the Federal Rules of Civil Procedure
In the Federal Court, judges have the discretion to draw up courts. Factors evaluated will include problem alignment, complexity for the jury, and possible prejudices against either party. US Federal Civil Regulations Federal Rule 42 (b) allows courts to decide on issues contained in separate trials.
Maps Bifurcation (law)
Bifurcation under state procedure
State procedures are very different.
In some countries, defendants who have defended the defense of mental illness or disability will automatically make a bifurcated trial. In the first stage of the trial, both parties provide evidence and testimony designed to establish that the defendant is guilty or innocent. If the defendant is guilty, mental illness is presented.
Bifurcation in divorce
Historically, the state has taken a different view of bifurcation but most state laws do not address this issue. Alaska allows the court, under certain circumstances, to divide the property of the parties "at any time after the judgment". Alaska Stat. 25.24.155 (b) and Alaska Statistics. 25.24.160 (Michie 1996) . Law of Michigan, Mich. Ct. R. 3.211 (B) (3) (1998) directs that the divorce judgment should include the determination of the property rights of the parties. New Jersey Supreme Court, in Frankel v. Frankel, 274 N.J. Super. 585, 644 A.2d 1132 (App. Div. 1994) , prohibits bifurcation except under the most unusual and exhausting circumstances. Some states, by law, impede bifurcation. Nebraska Nebraska Supreme Court, states that all issues must be resolved at the time of dissolution, and at Humphrey v. Humphrey, 214 Neb. 664, 340 NW2d 381 (1983) , concludes, "Whatever personal comfort the court may negotiate to the parties by granting an immediate dissolution while maintaining the jurisdiction of property can not be comparable to the difficulties and problems in which the court discloses the plaintiffs. " Arizona Supreme Court, in Porter v. Estate of Pigg, 175 Ariz. 303, 856 P.2d 796 (1993) , entered into the bifurcation to "solve the problem of marriage dissolution and distribution of property is a mistake", and at Brighton v. The High Court, 22 Ariz. App. 291, 526 P.2d 1089 (1974) , the bifurcation will be nurtured instead of inhibiting litigation. Texas Court of Appeals, Adam v. Stewart, 552 S.W.2d 536 (Tex Civ, App. 1977) , does not approve of bifurcation. The Third Division of the New York Appeal Division, Foam v. Foam, 196 AD2d 267, 609 NYS2d 452 (1994) , Sullivan v. Sullivan, 174 AD2d 862, 571 NYS2d 154 (1991) , and Garcia v. Garcia, 178 AD2d 683, 577 NYS2d 156 (1991) , argues that divorce decisions are non-binding and without legal effects if they include bifurcation and without giving a fair distribution award upon dissolution, while the Fourth Department, i> Zack v. Zack, 183 AD2d 382, ​​â € <â € <590 NYS2d 632 (1992) , rejected this decision supported by Johnson, 172 Other. 2d 684, 658 N.Y.S.2d 780 (Sup. Ct. 1997) .
Bifurcation in arbitration
The arbitral tribunal may divide the process into separate stages in cases involving complex issues, to allow decisions at one stage before considering issues relevant to other phases (eg, jurisdiction, benefits, damage), in the interests of procedural and economic where such a decision will not affect the next decision. The American Arbitration Association (AAA), the International Center for Settlement of Investment Disputes (ICSID), the World Intellectual Property Organization (WIPO) and the United Nations Commission on International Trade Law (UNCITRAL) rules allow bifurcation, while the International Chamber of Commerce rules (ICC) does not address this issue.
References
Source of the article : Wikipedia
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