Trier of fact

Trier of fact or fact finder is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To 'try' in this context means to put on trial or to put to a test and it originally derives from the Latin 'trier', which means to try or to separate.

Role and Function

The trier of fact is a crucial component of the judicial system. In a jury trial, the jury is the trier of fact; in a bench trial, the judge is the trier of fact. The trier of fact is responsible for evaluating the evidence presented at trial, determining what the facts are, and applying those facts to the law in order to reach a verdict.

In some jurisdictions, the trier of fact may also be responsible for determining the amount of damages in a civil trial. The trier of fact is distinct from the trier of law, who is the judge and makes legal rulings during the trial.

Jury as Trier of Fact

In a jury trial, the jury serves as the trier of fact. The jury listens to the evidence, deliberates, and makes a decision based on the facts as they understand them. The jury's role as trier of fact is particularly important in criminal trials, where they must decide whether the prosecution has proven the defendant's guilt beyond a reasonable doubt.

Judge as Trier of Fact

In a bench trial, the judge serves as the trier of fact. The judge listens to the evidence, makes findings of fact, and applies the law to those facts in rendering a verdict. In some jurisdictions, a judge may also serve as the trier of fact in certain types of civil trials, such as small claims court cases.

See Also

• Jury trial
• Bench trial
• Evidence
• Verdict
• Beyond a reasonable doubt