Trier of fact

Trier of fact

A trier of fact (or finder of fact) is a person who determines facts in a legal proceeding. To determine a fact is to decide, from the evidence, whether something existed or some event occurred. [W A Wilson, 'A Note on Fact and Law' (1963) 26 "MLR" 609, at p 613.] In a jury trial, the jury is the trier of fact. 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. Thus, in a jury trial, the findings of fact are made by the jury while the judge makes legal rulings as to what evidence will be heard by the jury and what law governs the case. The jury is supposed to strictly follow the law as given by the judge, but it does not always do so. In some cases this amounts to jury nullification, i.e. the jury effectively re-writing the law or blatantly ignoring it in a particular case.

In a "bench trial," or non-jury trial, a judge is the trier of fact. In a bench trial, the judge makes both findings of fact and rulings of law. [W A Wilson, 'A Note on Fact and Law' (1963) 26 "MLR" 609 - For discussion of affirmation of propositions to establish a legal conclusion - "Truth-questions", "Description- / Linguistic-questions", and "Probability-questions"]

It is recognised that a judge of first instance enjoys a particular advantage in that he has himself observed the witness. "Witnesses without any conscious bias towards a conclusion may have in their demeanour, in their manner, in their hesitation, in the nuance of their expressions, in even the turns of the eyelid, left an impression upon the man who saws and heard them which can never be reproduced in the printed page." ["Per" Lord Shaw of Dunfermline, "Clarke v. Edinburgh and District Tramways Co"., 1919 S.C.(H.L.) 35, at p 36.] Accordingly the findings of the judge of first instance as to the credibility and reliability of witnesses ... cannot normally be disturbed by an appellate court.

In Anglo-American based legal systems, there is a strong reluctance to change findings of fact made by a jury. This principle is enshrined in the Seventh Amendment to the United States Constitution, which provides that "...no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."

Notes and references

ee also

* Trier of law
* Court ruling


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  • trier of fact — 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; Merriam Webster’s Dictionary of Law. Merriam Webster.… …   Law dictionary

  • trier of fact — 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. Calif. Evid.Code. Commonly refers to judge in jury waived trial or jury which, in either case, has… …   Black's law dictionary

  • trier of fact — noun A person or group of people given the responsibility of determining the facts of a case from evidence presented in a legal proceeding. See Also: finder of fact …   Wiktionary

  • fact — n [Latin factum deed, real happening, something done, from neuter of factus, past participle of facere to do, make] 1: something that has actual existence: a matter of objective reality 2: any of the circumstances of a case that exist or are… …   Law dictionary

  • trier — tri·er / trī ər/ n: trier of fact Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. trier …   Law dictionary

  • fact finder — n. The person or group of people whose job is to determine the facts in a case; also called the trier of fact. See also jury The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008. fact finder …   Law dictionary

  • Fact — For other uses, see Fact (disambiguation). A fact (derived from the Latin Factum, see below) is something that has really occurred or is actually the case. The usual test for a statement of fact is verifiability, that is whether it can be shown… …   Wikipedia

  • Fact (disambiguation) — A fact is an idea which is considered to be wholly and absolutely true.Fact may also refer to the following: *In science, a fact is a verifiable and objective observation. *In philosophy, a fact is either a true proposition or something (a state… …   Wikipedia

  • fact finder — Person or persons appointed by business, government, or by court to investigate, hear testimony from witnesses, or otherwise determine and report facts concerning a particular event, situation, or dispute (e.g., jury; administrative hearing… …   Black's law dictionary

  • fact finder — Person or persons appointed by business, government, or by court to investigate, hear testimony from witnesses, or otherwise determine and report facts concerning a particular event, situation, or dispute (e.g., jury; administrative hearing… …   Black's law dictionary

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