Trier of fact

This article is about a determiner of facts available in a trial. For a type of UK court hearing, see trial of the facts. For the interpretation of the law itself, see Question of law.

In law, a trier of fact or finder of fact is a person or group who determines disputed issues of fact in a legal proceeding (usually a trial) and how relevant they are to deciding its outcome.[1] To determine a fact is to decide, from the evidence presented, whether something existed or some event occurred.[2]

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.[3]

  1. ^ Schultz, Norman. Fact-Finding. Accessed 17 November 2008
  2. ^ W A Wilson, 'A Note on Fact and Law' (1963) 26 MLR 609, at p 613.
  3. ^ Law Dictionary: Fact-Finder. Accessed 17 November 2008.