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| − | '''Bifurcated trial''' is a [[case]] in which the [[trial]] of the [[liability]] issue in a personal injury or wrongful death case is heard separate from and prior to trial of the damages in question.<ref>http://www.nycourts.gov/lawlibraries/glossary.shtml</ref> | + | '''Bifurcated trial''' is a [[trial]] which will take place in two separate phases, dependent on the outcome of the first portion. |
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| | + | In a civil matter, the first portion determines whether a defendant is [[liability|liable]] issue in a matter which can involve contract or tort issues.<ref>http://www.nycourts.gov/lawlibraries/glossary.shtml</ref> If the defendant is found liable, the trial proceeds to the second phase where damages are determined. |
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| | + | In a criminal matter, the first portion determines the defendant's guilt or innocence. If found guilty, the second phase determines punishment. These are most common in felony cases, especially when [[capital punishment]] is a potential sentence. |
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| | ==References== | | ==References== |