Trier of fact

What does trier of fact mean? How is trier of fact reaches decisions? 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.

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 factfinder, finder of fact , trier. Trier of fact Primary tabs. A judge or jury that determines questions of fact in a trial. 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 trier of fact is an individual, or group of individuals, who ascertain questions of fact in a legal proceeding. Normally, a trier of fact refers to either a jury, or a judge in trials without a jury.

In bench trials, administrative hearings, boards and commissions, a judge is the trier of fact. So, the trier of fact will differ depending on whether the case is a jury trial or bench trial.

This is often an area where people get confused. Now, you know one of the main differences between a jury trial and bench trial. In cases where there is no jury, the judge serves to decide both questions of fact and questions of law. 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. 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. Definition of trier of fact in the Definitions. Meaning of trier of fact.

Information and translations of trier of fact in the most comprehensive dictionary definitions resource on the web. 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.

However, in summary trials the magistrates (or district judge) decide all issues of law and of fact. At the trial, both sides attempt to convince the judge or the jury (whoever has been chosen as the trier of fact ) that they should win. En el juicio, las dos partes tratan de convencer al juez o al jurado, según se haya elegido, que son ellos lo s que m erecen ganar. The trier of fact must be convinced beyond reasonable doubt of all the elements of the offence.

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. A judge, jury, or other person or persons charged with examining evidence to determine the truth of an assertion.

Many translated example sentences containing trier of fact – French-English dictionary and search engine for French translations. Except as provided in subdivision (c), in all cases in which a felony is charge the accused shall be personally present at the arraignment, at the time of plea, during the preliminary hearing, during those portions of the trial when evidence is taken before the trier of fact , and at the time of the imposition of sentence. In a bench trial the judge is both the trier of fact and of law.

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

Les opinions personnelles du juge des faits concernant le film attaqué sont sans importance. The law is clear that a trier of fact does not have to accept testimony, whether expert or otherwise.