Paralegal Advanced Competency Exam (PACE) Practice Exam

Which legal term describes the process of separating issues for trial?

1. Segregation

2. Aggregation

3. Bifurcation

4. Isolation

The correct answer is: Bifurcation

The process referred to in the question is best described by the term "bifurcation." Bifurcation involves dividing a case into separate issues or parts to be tried independently. This is commonly done to streamline complex litigation, allowing the court to address key issues without intermingling all matters at once. For instance, in a personal injury case, the liability and damages might be bifurcated to first determine whether the defendant is liable before proceeding to assess the amount of damages, if liability is established. Engaging in bifurcation can assist in making the trial more efficient and can reduce the potential for juror confusion, as the jurors can focus on one aspect of the case at a time without being overwhelmed by the entirety of the issues. This legal strategy is particularly beneficial in cases where the issues are distinct enough to warrant separate consideration, ensuring a clearer judicial process. Other terms like segregation and isolation might suggest similar ideas but do not specifically capture the legal context of separating issues for trial. Aggregation generally refers to the combining of similar claims or cases, which is the opposite of what bifurcation entails. Thus, "bifurcation" is the accurate legal term that describes this procedural strategy.