In law, a trier of fact or finder of fact is a person or group who determines which facts are available in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome. To determine a fact is to decide, from the evidence presented, whether something existed or some event occurred.
A finding of fact, also known as a conclusion of fact, refers to decisions made by the trier of fact on questions of fact in a case. Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are.
The factfinder differs by the type of proceeding. In a jury trial, it is the jury; in a non-jury trial, the judge is both the factfinder and the trier of law. In administrative proceedings, the factfinder may be a hearing officer or a hearing body.
Jury
In a jury trial, a jury is the trier of fact. The jury finds the facts and applies them to the relevant statute or 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 legal framework governs the case. Jurors are instructed to strictly follow the law as given by the judge, but are in no way obligated to do so. In some cases this leads to jury nullification, where the jury's verdict differs from what the law states.
In Anglo-American–based legal systems, finding of fact made by the jury is not appealable unless clearly wrong to any reasonable person. 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".
In a bench trial, judges are professional triers of fact. In a bench trial, the judge makes both findings of fact and rulings of law. The findings of a judge of first instance are not normally disturbed by an appellate court.
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The law of evidence, also known as the rules of evidence, encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence must or must not be considered by the trier of fact in reaching its decision. The trier of fact is a judge in bench trials, or the jury in any cases involving a jury. The law of evidence is also concerned with the quantum (amount), quality, and type of proof needed to prevail in litigation.
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see ). The term "verdict", from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver ("true", from the Latin vērus) and dit ("speech", from the Latin dictum, the neuter past participle of dīcere, to say).
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial.
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