Also known as: finders of fact · fact finder · fact-finder · trier of fact · factfinder
Written by attorneys · grounded in primary & secondary sources — see below
A person or group such as a jury or judge that hears testimony and reviews evidence to decide factual questions in a legal proceeding.
Faith Fitzgerald sued Ferrum Metals after a factory explosion. An engineer offered an opinion on the cause of the blast based on specialized calculations. The jury evaluated whether that opinion helped it resolve the disputed origin of the fire.
Francisco Frost stood trial for armed robbery. The jury returned a verdict of guilty only on the lesser included theft charge. That verdict barred any later prosecution for the greater offense.
Fatima Flores proved that Fusion Power deliberately dumped toxic waste near her home. The jury considered the company's reckless conduct and its substantial assets when setting the amount of punitive damages.
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Felix Franco stabbed the victim in the chest during an argument. The jury drew the inference that he acted with intent to kill and therefore found malice aforethought.
A psychiatrist testifying for the defense attempted to state that Frank Fisher lacked the required intent for the charged crime. The court excluded that portion of the testimony because only the jury could decide the defendant's mental state.
Francesca Fowler swung a baseball bat at the victim's head during a fight. The jury drew the permissive inference that she intended to kill and therefore found the malice element satisfied.
A jury serves as the finder of fact when it hears testimony and reviews evidence to decide factual questions. The judge may also act as finder of fact in a bench trial.
Supporting sources
The finder of fact may rely on expert testimony when the specialized knowledge helps it understand the evidence or determine a fact in issue. The testimony must still satisfy the other requirements of the rule.
The finder of fact may consider the character of the defendant's act, the harm caused or intended, and the defendant's wealth when deciding whether to award punitive damages and in what amount.
Yes. When a person intentionally uses a deadly weapon directed at a vital part of the victim's body, the finder of fact may infer an intent to kill.
…"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…