TRIER OF FACT
The term “trier of fact” is a legal expression used in the court system to denote the individual responsible for determining the facts of a case. This individual can be a judge, a jury, or an arbitrator. The role of the trier of fact is to assess the evidence presented in a case and decide whether or not the facts support the complaint or defense of the defendant.
The trier of fact is responsible for determining the credibility of the evidence presented by the parties. This includes considering the testimony of witnesses, the accuracy of documents, and any other evidence presented. Once the trier of fact has determined the facts, the decision is usually presented to the court for a judgment. In some cases, the trier of fact may also be the one who decides the outcome of the case.
In certain cases, the trier of fact may be referred to as a “finder of fact.” This term is typically used in arbitration cases, where an arbitrator is appointed to assess the evidence and make a determination. The arbitrator’s decision is usually final and binding, and cannot be appealed.
The trier of fact is a critical role in the legal system. The trier of fact is responsible for assessing the evidence presented and determining the facts of the case, which is essential for a fair and just resolution.
References
Kaplan, J. (2012). Trier of fact defined. The Law Dictionary. Retrieved from https://thelawdictionary.org/trier-of-fact/
Khan Academy. (n.d.). Trier of fact. Khan Academy. Retrieved from https://www.khanacademy.org/test-prep/mcat/legal-concerns-ethics/legal-processes/a/trier-of-fact
Kirsch, J. (2019). What is a trier of fact?. FindLaw. Retrieved from https://family.findlaw.com/divorce/what-is-a-trier-of-fact.html