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, which is also called a finding of fact. In a jury trial, the trier of fact is the jury. If there is no jury, the trier of fact is the judge.

"Trier of fact" is now considered an older term m and the term "finder of fact" has come into use more recently.

In many types of hearings, the trier of fact may be an administrative law judge, a board, commission, or a referee. Once the trier of fact determines what is assumed to be the truth of a matter, legal rules are applied to those facts. A judge instructs a jury about the legal rules applying to the case. The instructions include what the findings may be. For example, the jury may find for the plantiff or for the defendant.

References

  1. 1 2 3 "trier of fact". The Free Dictionary/Farlex. Retrieved 7 February 2016.
  2. ↑ Bryan A. Garner, A Dictionary of Modern Legal Usage (New York: Oxford University Press, 2001), p. 891
  3. ↑ "Trier Of Fact". NOLO. Retrieved 7 February 2016.
  4. 1 2 3 Arthur Best; David W. Barnes, Basic Tort Law: Cases, Statutes, and Problems (Austin: Wolters Kluwer Law & Business, 2007), p. 3