In a legal proceeding, those who decide if an event occurred based on evidence
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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]
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 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.[3]
^Schultz, Norman. Fact-Finding. Accessed 17 November 2008
^W A Wilson, 'A Note on Fact and Law' (1963) 26 MLR 609, at p 613.
^Law Dictionary: Fact-Finder. Accessed 17 November 2008.
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