Trier of fact
The trier of fact, also called the finder of fact, is the person or persons responsible for deciding the factual issues Iin a criminal trial,[1] which is also called a finding of fact. In a jury trial, the trier of fact is the jury.[1] If there is no jury, the trier of fact is the judge.[1]
"Trier of fact" is now considered an older term m and the term "finder of fact" has come into use more recently.[2]
In many types of hearings, the trier of fact may be an administrative law judge, a board, commission, or a referee.[3] Once the trier of fact determines what is assumed to be the truth of a matter, legal rules are applied to those facts.[4] A judge instructs a jury about the legal rules applying to the case. The instructions include what the findings may be.[4] For example, the jury may find for the plantiff or for the defendant.[4]
References
[change | change source]- ↑ 1.0 1.1 1.2 "trier of fact". The Free Dictionary/Farlex. Retrieved 7 February 2016.
- ↑ Bryan A. Garner, A Dictionary of Modern Legal Usage (New York: Oxford University Press, 2001), p. 891
- ↑ "Trier Of Fact". NOLO. Retrieved 7 February 2016.
- ↑ 4.0 4.1 4.2 Arthur Best; David W. Barnes, Basic Tort Law: Cases, Statutes, and Problems (Austin: Wolters Kluwer Law & Business, 2007), p. 3