Trier of fact

The trier of fact, also called the finder of fact, is the person or persons responsible for deciding the factual issues Iin a criminal trial, which 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.

"Trier of fact" is now considered an older term m and the term "finder of fact" has come into use more recently.Bryan A. Garner, A Dictionary of Modern Legal Usage (New York: Oxford University Press, 2001), p. 891

In many types of hearings, the trier of fact may be an administrative law judge, a board, commission, or a referee. Once the trier of fact determines what is assumed to be the truth of a matter, legal rules are applied to those facts.Arthur Best; David W. Barnes, Basic Tort Law: Cases, Statutes, and Problems (Austin: Wolters Kluwer Law & Business, 2007), p. 3 A judge instructs a jury about the legal rules applying to the case. The instructions include what the findings may be. For example, the jury may find for the plantiff or for the defendant.  

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Category:Legal terms