Who is considered the trier of fact?
A trier of fact (or finder of fact) is a person, or group of people, who determines factual issues in a legal proceeding. Most frequently, the jury is the trier of fact. If there is no jury, the judge becomes the trier of fact as well as the trier of law.
What is an example of question of fact?
In a criminal case a question of fact might be “was a search warrant supported by probable cause” or, looking at the rules of evidence, “is the breath or blood test admissible?” Another common legal issue might be “was the traffic stop lawful.” These are all issues for a judge to decide prior to trial.
What is the difference between trier of fact and trier of law?
In a given proceeding, the trier of law must determine whether the evidence is admissible and can be considered by the trier of fact. The trier of law determines whether evidence proffered meets a threshold reliability so that it can be considered by the trier of fact; this is also known as the evidential burden.
Who are the two possible triers of fact in a criminal trial?
In a criminal trial the trier of fact, also called the finder of fact, is the person or persons responsible for deciding the factual issues. This is also called a finding of fact. In a jury trial the trier of fact is the jury. If there is no jury, the trier of fact is the judge.
Which two parties are considered the trier of facts?
n. the judge or jury responsible for deciding factual issues in a trial. If there is no jury the judge is the trier of fact as well as the trier of the law. In administrative hearings, an administrative law judge, a board, commission, or referee may be the trier of fact.
What is a trier of fact quizlet?
The “trier of fact” is the person or group of people, whether that be judge and/or jury, who decide is a person or party is innocent or guilty.
Which is question of fact?
In law, a question of fact, also known as a point of fact, is a question that must be answered by reference to facts and evidence as well as inferences arising from those facts. Such a question is distinct from a question of law, which must be answered by applying relevant legal principles.
What are some examples of questions of law?
Example of a question of law (up to the judge or judiciary to decide): If a man shot at another man (who was in his backyard and had raped his wife earlier that evening), but hit a neighbor child and killed her when his bullet did not find its true…
What is the function of trier of fact in a criminal trial?
A trier of fact, or finder of fact, is a person, or group of persons, who determines what facts are available and how relevant they are in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred.
What is a trier of fact in court?
A judge or jury that determines questions of fact in a trial.
Who is the trier of law quizlet?
1. Judge acts as both the trier of law and the trier of fact. 2. Judge decides all legal issues and factual issues, decides guilty or innocents and punishment.
What does a fact finder do quizlet?
Also called fact-finder; the entity that determines fact in a trial. In a jury trial, the jury is entrusted with fact-finding; in bench trial, the judge necessarily must find the facts as well as make conclusions of the law.