Trier of fact

What does trier of fact mean? Who is the trier of law? A trier of fact , or finder of fact , is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.

If there is no jury the judge is the trier of fact as well as the trier of the law.

In administrative hearings, an administrative law judge, a boar commission, or referee may be the trier of fact. Depending on the way in which the matter is trie who is considered the trier of fact can vary. For example, the trier of fact during a jury trial is the jury itself. A person or group of people given the responsibility of determining the facts of a case from evidence presented in a legal proceeding. English Wiktionary. to questions of fact are determined by a trier of fact , such as a jury, or a judge.

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By contrast, if satisfaction of an essential element of a claim for relief is at issue, the jury is the proper trier of fact. World Heritage Encyclopedia, the aggregation of the largest online encyclopedias available, and the most definitive collection ever assembled. This is often a confused legal concept, as a trier of fact can be a jury or judge (or arbitrator or other type of person to settle disputes). A member of a court who has the duty to decide questions of fact.

In criminal trials on indictment, and in civil trials with a jury, the jury is the trier of fact. The trier of fact must weigh the evidence to determine whether a given fact exists based on the persuasive burden that must be met (a balance of probabilities in a civil proceeding). A trier of fact will only be asked to consider evidence where the trier of law first determines that the evidence meets the evidential burden. Meaning of trier of fact. Information and translations of trier of fact in the most comprehensive dictionary definitions resource on the web.

Definition of trier of fact in the Definitions. In a jury trial the trier of fact is the jury. In many types of hearings the trier of fact may be an administrative law judge, a boar commission, or referee. The term finder of fact has come into use more recently.

Trier of fact is now considered an older term. The rational trier of fact standard is somewhat less deferential to the trial court than the “any evidence” or “some evidence” standard applied in civil cases. The criminal standard is sometimes described as “sufficient evidence.

After a criminal conviction, the existence of “some evidence” in support of the factual findings is not necessarily enough to sustain the verdict. Normally, a trier of fact refers to either a jury, or a judge in trials without a jury. A trier of fact is an individual, or group of individuals, who ascertain questions of fact in a legal proceeding.

The jury finds the facts and applies them to the law it is instructed by the judge to use in order to reach its verdict. A: The legal term “ trier of fact ” is an uncommon term. Read on to learn the definition of a trier of fact , who serves as the trier of fact , how the trier of fact makes decisions, and whether those decisions can be overturned.

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