Trier of fact

A trier of fact is a person, or group of persons, who determines fact

Question of fact

In law, a question of fact is a question which must be answered by reference to facts and evidence, and inferences arising from those facts. Such a question is distinct from a question of law, which must be answered by applying relevant legal principles...

s in a legal proceeding, usually a trial

Trial

A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...

. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.

Juries

In a jury trial, a jury

Jury

A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

 is the trier of fact. The jury

Jury

A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...

 finds the facts and applies them to the law it is instructed by the judge to use in order to reach its verdict

Verdict

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. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...

. Thus, in a jury trial, the findings of fact are made by the jury while the judge

Judge

A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...

 makes legal rulings as to what evidence will be heard by the jury and what law 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 amounts to jury nullification

Jury nullification

Jury nullification occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.A jury verdict contrary to the letter of the law pertains only to the particular case before it; however, if a pattern of acquittals develops in response to repeated attempts to...

, i.e. the jury effectively re-writing the law or blatantly ignoring it in a particular case.

In Anglo-American based legal systems, finding of fact made by the jury are not appealable unless clearly wrong to any reasonable person. This principle is enshrined in the Seventh Amendment to the United States Constitution

Seventh Amendment to the United States Constitution

The Seventh Amendment to the United States Constitution, which was ratified as part of the Bill of Rights, codifies the right to a jury trial in certain civil cases. However, in some civil cases, the Supreme Court has not incorporated the right to a jury trial to the states in the fashion which...

, 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."

Judges

In a bench trial

Bench trial

A bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems do not use juries to any great extent....

, judges are professional triers of fact. In a bench trial, the judge makes both findings of fact and rulings of law.

The findings of the judge of first instance is not normally disturbed by an appellate court.

Mixed systems

In mixed systems, such as the judiciary of Germany

Judiciary of Germany

The Judiciary of Germany is based on the concept of the , in which the exercise of governmental power is constrained by law. Federal law delineates the structure of the judiciary, but the administration of most courts is regulated by the states of Germany which are responsible for the lower levels...

, a mixture of both judges and lay judge

Lay judge

A lay judge is a person assisting a judge in a trial. Lay judges are used in some civil law jurisdictions, such as Germany, Sweden and Finland. Japan began implementing a new lay judge system in 2009....

s are triers of fact.

See also

• Court ruling
• Fact-finding
  Fact-finding
  Fact-finding is the job of a person or group of persons in a judicial or administrative proceeding that has or have the responsibility of determining the facts relevant to decide a controversy. The term trier of fact generally denotes the same function...