In law, a trier of fact or finder of fact is a person or group who determines disputed issues of

fact A fact is a truth, true data, datum about one or more aspects of a circumstance. Standard reference works are often used to Fact-checking, check facts. Science, Scientific facts are verified by repeatable careful observation or measurement by ...

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 Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...

presented, whether something existed or some event occurred. The factfinder differs by the type of proceeding. In a jury trial, it is the

jury A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...

; in a non-jury trial, the

judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...

is both the factfinder and the trier of law. In administrative proceedings, the factfinder may be a hearing officer or a hearing body.Law Dictionary: Fact-Finder
Accessed 17 November 2008.

Juries

In a jury trial, a

is the trier of fact. The jury finds the facts and applies them to the relevant

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

or law it is instructed by the judge to use to reach its verdict. Thus, in a jury trial, the jury makes the findings of fact while the

makes legal rulings as to what evidence will be heard by the jury and what legal framework governs the case. Jurors are instructed to follow the law as given by the judge strictly but are in no way obligated to do so. This sometimes leads to jury nullification, where the jury's verdict differs from the law. In Anglo-American–based legal systems, a 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".Government Printing Office - SEVENTH AMENDMENT
ccessed 30 May 2024

Judges

In a bench trial, judges are professional triers of fact. In a bench trial, the judge makes findings of fact and rulings of law. The findings of a judge of first instance are not normally disturbed by an

appellate court An appellate court, commonly called a court of appeal(s), appeal court, court of second instance or second instance court, is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal. Appel ...

.Lord Shaw of Dunfermline, ''Clarke v. Edinburgh and District Tramways Co''., 1919 S.C.(H.L.) 35, at p 36.

Administrative law judges

In the U.S., an administrative law judge (ALJ) both presides over trials (and makes rulings of law) and adjudicates the claims or disputes (in other words, ALJ-controlled proceedings are bench trials) involving

administrative law Administrative law is a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regul ...

, but ALJs are not part of an independent judiciary.

Mixed systems

In mixed systems, such as the judiciary of Germany, a mixture of both judges and lay judges are triers of fact.

Notes and references

{{DEFAULTSORT:Trier Of Fact In Anglo-American Based Legal Systems Legal procedure

Juries

Judges

Administrative law judges

Mixed systems

See also

Notes and references