3rd Circuit Appeal Challenges Judge's Outside Research In Bench Trial
US Legal News
According to the New Jersey Law Journal, a federal appeals court has been asked to limit the right of judges to do their own research in bench trials, lest they be swayed by facts not before them.
US Magistrate Patty Shwartz in Newark, N.J., no-caused a medical malpractice claim after consulting published and unpublished cases -- not cited by the parties -- that dwelled on the type of injury the defendant doctor was accused of inflicting.
A three-judge panel of the 3rd US Circuit Court of Appeals affirmed the verdict, saying the research was for "informational" purposes only and was not the basis for Shwartz's decision.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.