Also known as:fact finder · fact-finders · fact finders · factfinder · factfinders · finder of fact · trier of fact
Written by attorneys · grounded in primary & secondary sources — see below
A person or group that hears testimony and reviews evidence to decide factual issues in a proceeding. The fact-finder determines what occurred based on the proof presented and applies that determination to resolve disputed facts.
Sources & Authorities
How it applies
Common Examples
6
Expert Testimony on Specialized Knowledge
Frederick Ferguson sued Frontier Capital after a disputed investment loss. An expert witness offered an opinion on complex financial modeling. The jury weighed whether that specialized analysis clarified the evidence on the investment's value and reached a verdict on the amount of damages.
Acquittal Determination in Retrial
Frank Fisher faced a second prosecution for the same conduct after an earlier proceeding. The court examined the prior record and concluded that the first fact-finder had returned a not-guilty finding on the greater offense, barring the new charges.
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Fiona Foster prevailed on a tort claim against Flagship Logistics. The jury reviewed evidence of the company's reckless conduct and the extent of harm, then awarded punitive damages after considering the defendant's wealth and the nature of the acts.
Inference of Malice from Weapon Use
Fabian Flynn was charged with murder after stabbing the victim in the chest. The fact-finder drew an inference of intent to kill from the deliberate use of a deadly weapon aimed at a vital area and convicted Flynn of murder rather than manslaughter.
Expert Opinion on Mental State Barred
Francesca Fowler stood trial for a crime requiring proof of specific intent. A psychiatrist attempted to testify that Fowler lacked the required mental state. The court excluded the opinion because the fact-finder alone decides that element.
Permissive Inference from Deadly Weapon
Freya Freeman faced homicide charges after using a knife against the victim. The fact-finder considered the manner in which the knife was wielded and permissibly inferred an intent to kill when weighing the evidence of malice.
Common questions
Frequently Asked
4
Who serves as the fact-finder in a bench trial?+
In a bench trial the judge acts as the fact-finder. The judge hears testimony, reviews evidence, and decides the factual issues in addition to ruling on legal questions.
Supporting sources
How does the fact-finder evaluate expert testimony under Rule 702?+
The fact-finder decides whether the expert's specialized knowledge helps understand the evidence or resolve a factual issue. The fact-finder then weighs that testimony along with all other proof when reaching a decision.
What role does the fact-finder play when punitive damages are sought?+
The fact-finder assesses whether the defendant's conduct was outrageous due to evil motive or reckless indifference. It may also consider the character of the act, the harm caused or intended, and the defendant's wealth when setting the amount.
Can the fact-finder draw inferences from the use of a deadly weapon?+
Yes. When a person intentionally uses a deadly weapon directed at a vital part of the body, the fact-finder may infer an intent to kill that satisfies the malice element of murder.
397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970)Criminal Procedure
…"preponderance of the evidence" and "proof beyond a reasonable doubt" are quantitatively imprecise, they do communicate to the finder of fact different notions concerning the degree of confidence he is expected to have in the correctness of his factual conclusions. A second proposition, which is really nothing more than a…