Also known as:fact trier · fact triers · trier of fact
Written by attorneys · grounded in primary & secondary sources — see below
A person or body that hears testimony and reviews evidence to decide factual issues in a legal proceeding.
Sources & Authorities
How it applies
Common Examples
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Expert Testimony on Product Defect
Faye Fuller sued Ferrum Metals after a machine part failed and caused injury. An engineer offered testimony on the manufacturing process and material stress. The court admitted the testimony because it would help the fact-trier understand the technical evidence and decide whether the part was defective.
Double Jeopardy After Acquittal
Fiona Foster was tried for theft. The jury returned a verdict of not guilty on the charged offense. Under the double-jeopardy rule, that finding by the fact-trier barred a later prosecution for the same conduct even though the state later discovered additional evidence.
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Cases
Federal Rules
Uniform Acts
Model Codes
Restatements
Dictionaries
Frostline Textiles was found liable for deliberately dumping toxic waste near Floyd Franklin's property. The fact-trier considered the company's reckless conduct, the extent of the environmental harm, and the defendant's wealth when deciding the amount of punitive damages to award.
Expert Opinion on Mental State
Francois Fortier was charged with premeditated murder. A psychiatrist sought to testify that the defendant lacked the capacity to form intent. The court excluded that portion of the testimony because the question whether the defendant possessed the required mental state is reserved exclusively for the fact-trier.
Sufficiency of Evidence Review
Freya Freeman was convicted of arson after a bench trial. On appeal she argued that no rational fact-trier could have found the elements proved beyond a reasonable doubt. The reviewing court examined the record to determine whether the fact-trier's findings satisfied the constitutional sufficiency standard.
In re Winship397 U.S. 358, 364, 90 S.Ct. 1068, 1073, 25 L.Ed.2d 368 (1970)
Confrontation and Hearsay Ruling
Falcon Dynamics was prosecuted after statements made by an unavailable witness were introduced at trial. The fact-trier heard the out-of-court statements without the opportunity for cross-examination. The court held that the fact-trier could not rely on the statements because the confrontation right had been violated.
Crawford v. Washington541 U.S. 36 (2004)
Common questions
Frequently Asked
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Who qualifies as the fact-trier in a jury trial versus a bench trial?+
In a jury trial the jurors serve as the fact-trier. In a bench trial the judge acts as the fact-trier and decides both factual and legal issues.
Why does Rule 702 require that expert testimony help the fact-trier?+
Rule 702 permits expert testimony only when the specialized knowledge will assist the fact-trier in understanding the evidence or determining a fact in issue. The rule prevents unnecessary expert opinions that do not add value to the fact-trier's decision-making process.
What role does the fact-trier play in assessing punitive damages under the Restatement?+
The fact-trier evaluates the outrageousness of the defendant's conduct, the harm caused or intended, and the defendant's wealth when deciding whether and how much punitive damages to award.
Why does Rule 704(b) reserve mental-state questions for the fact-trier alone?+
Rule 704(b) prohibits an expert from stating an opinion on whether the defendant possessed a mental state that is an element of the crime or defense. Those ultimate factual determinations belong exclusively to the fact-trier.
How does the fact-trier's acquittal affect double-jeopardy analysis under the Model Penal Code?+
An acquittal occurs when the fact-trier returns a not-guilty verdict or finds insufficient evidence to convict. That determination bars a subsequent prosecution for the same offense under Model Penal Code section 1.08(1).
397 U.S. 358, 90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970)Criminal Procedure
…. convincing the factfinder of his guilt." To this end, the reasonable-doubt standard is indispensable, for it "impresses on the trier of fact the necessity of reaching a subjective state of certitude of the facts in issue." Dorsen & Rezneck, In Re Gault and the Future of Juvenile Law, 1 Family Law Quarterly, No. 4, pp. 1, 26…
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