Trier of fact

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. Legal definition of trier of fact : the judge in a bench trial or jury in a jury trial that carries the responsibility of determining the issues of fact in a case —called also. A judge or jury that determines questions of fact in a trial.

See Jury trial and Bench. If there is no jury the judge is the trier of fact as well as the trier.

In criminal trials on indictment, and in civil trials with a jury, the jury is the trier of fact. However, in summary trials the magistrates (or district judge) decide all issues. Jun Hearsay exceptions do not mandate that a trier of fact (the jury or, in non-jury trials, the judge) accept the hearsay statement as being true. Trier of fact refers to a judge or jury in a court case.

Definitions of trier of fact. In a bench trial the judge is both the trier of fact and of law. A trier of fact (or finder of fact) is a person, or group of people, who determines factual issues in a legal proceeding.

Most frequently, the jury is the trier of fact. May A trier of fact is someone who determines what the facts are during a trial.

For example, a trier of fact examines the evidence that is presente. May 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.

When requested by any party the trier of fact shall answer special questions indicating: (a) The amount of damages to which a party seeking recovery would. In any action for personal injury, property damage, or wrongful death where liability is found after trial and in. Noun (plural triers of fact) 1. In a jury trial the jury is the trier of fact.

A person or group of people given the responsibility of determining the facts of a case from evidence. Feb It refers to a judge or jury who decides the facts and law of the court case.

In jury trial, the jury decides finds fact while the judge makes law that. Shinoda Floral, Inc. Washington Supreme Court departed from a national trend toward flexibility in permitting avoidance of personal injury. De très nombreux exemples de phrases traduites contenant " trier of fact " – Dictionnaire français-anglais et moteur de recherche de traductions françaises.

In such cases the judge is not bound to accept as fact all evidence admitted with. FAct And LAw To understand the difference between trial and appellate courts. School of Government Content tagged with " trier of fact ".

Child Welfare Case: In re K. We found dictionaries with English definitions that include the word trier of fact : Click on the first link on a line below to go directly to a page where " trier of fact ". This may be either a judge or a jury.

Also called fact finder.

If so, what should this analysis look like and which trier of fact should determine the case outcome? The Supreme Court has failed to answer these questions. Nurs Law Regan Rep.

A judge, jury, or other person or persons charged with examining evidence to determine the truth of an assertion. The individual(s) responsible for determining the facts in a case is (are) considered to be the trier of fact.

The plaintiff, an obese mother, signed up for a surgery. Chapter› Article37law. PROCEDURE, CIVIL Article 37. 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).

Term includes (a) the jury and (b) the court when the court is trying an issue of fact other than one relating to the admissibility of evidence.