Define: Fact Finder (Finder Of Fact)

A Fact Finder, also known as a Finder of Fact, is an individual or entity responsible for gathering and evaluating evidence in a legal proceeding to determine the truth of disputed facts.

A Fact Finder can be a judge, jury, arbitrator, or any other neutral party appointed by the court or agreed upon by the parties involved in the legal dispute.

The role of a Fact Finder is to examine the evidence presented by both parties, assess the credibility of witnesses, and make a determination on the disputed facts based on the applicable law.

A Fact Finder reaches a decision by carefully considering the evidence, witness testimonies, and legal arguments presented during the trial or hearing. They must apply the relevant legal standards to the facts of the case to arrive at a fair and impartial decision.

In most cases, the decision of a Fact Finder can be appealed if there are grounds for appeal, such as errors in the application of the law or procedural irregularities. However, the specific rules and procedures for appealing a Fact Finder’s decision may vary depending on the jurisdiction and the type of legal proceeding.

When selecting a Fact Finder, factors such as impartiality, expertise in the subject matter, and availability are typically considered. The parties involved may have the opportunity to agree on a Fact Finder, or the court may appoint one based on its own discretion.

Yes, a Fact Finder can be challenged or disqualified under certain circumstances. Common grounds for challenging a Fact Finder include bias, conflict of interest, or a lack of qualifications. However, the specific rules and procedures for challenging a Fact Finder may vary depending on the jurisdiction.

A Fact Finder is responsible for determining the facts of a case, while a judge is responsible for interpreting and applying the law. The Fact Finder’s role is to make factual determinations, whereas the judge’s role is to make legal rulings and decisions.

Fact Finders are commonly used in trials and hearings where there are disputed facts that need to be resolved. However, not all legal proceedings require a Fact Finder. For example, in certain administrative proceedings or summary judgment motions, the judge may act as the Fact Finder.

In some cases, a Fact Finder’s decision can be overturned on appeal if there are valid grounds for doing so. However, the standard of review for overturning a Fact Finder’s decision is generally high, and the appellate court will typically defer to the Fact Finder’s factual determinations unless they are found to be clearly erroneous.