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. This 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. In many types of hearings the trier of fact may be an administrative law judge, a board, commission, or referee. Trier of fact is now considered an older term. The term "finder of fact" has come into use more recently. Once the trier of fact determines what is assumed to be the truth of a matter, then legal rules are applied to those facts. A judge instructs a jury about the legal rules applying to the case. These instructions include what the findings may be. For example the jury may find for the plantiff or the jury may find for the defendant.
References[change | change source]
- "trier of fact". The Free Dictionary/Farlex. Retrieved 7 February 2016.
- "Trier Of Fact". NOLO. Retrieved 7 February 2016.
- Bryan A. Garner, A Dictionary of Modern Legal Usage (New York: Oxford University Press, 2001), p. 891
- Arthur Best; David W. Barnes, Basic Tort Law: Cases, Statutes, and Problems (Austin: Wolters Kluwer Law & Business, 2007), p. 3