Trier of fact

In a criminal trial the trier of fact, also called the finder of fact, is the person or persons responsible for deciding the factual issues.[1] This 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] In many types of hearings the trier of fact may be an administrative law judge, a board, commission, or referee.[2] Trier of fact is now considered an older term. The term "finder of fact" has come into use more recently.[3] Once the trier of fact determines what is assumed to be the truth of a matter, then legal rules are applied to those facts.[4] A judge instructs a jury about the legal rules applying to the case. These instructions include what the findings may be.[4] For example the jury may find for the plantiff or the jury may find for the defendant.[4]

References

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  1. ↑ 1.0 1.1 1.2 "trier of fact". The Free Dictionary/Farlex. Retrieved 7 February 2016.
  2. ↑ "Trier Of Fact". NOLO. Retrieved 7 February 2016.
  3. ↑ Bryan A. Garner, A Dictionary of Modern Legal Usage (New York: Oxford University Press, 2001), p. 891
  4. ↑ 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