Define: Fact-Trier

A fact-trier is a person or group responsible for determining the facts of a case in a legal proceeding. This can be a judge or a jury, depending on the type of case and jurisdiction.

The role of a fact-trier is to listen to the evidence presented by both parties in a trial and make a determination of the facts based on that evidence. They are responsible for weighing the credibility of witnesses, evaluating the strength of the evidence, and ultimately deciding what actually happened in the case.

A fact-trier makes their decision by considering the evidence presented, applying the relevant laws and legal standards, and using their judgment and reasoning skills. They must base their decision on the preponderance of the evidence (in civil cases) or beyond a reasonable doubt (in criminal cases).

Ideally, a fact-trier should be impartial and unbiased. However, it is possible for a fact-trier to have personal biases or prejudices that could potentially influence their decision-making. In such cases, the parties involved may have the right to challenge the fact-trier’s impartiality and request a new fact-trier.

If a fact-trier makes a mistake in their decision-making, it may be possible to appeal the decision to a higher court. The appellate court will review the case and determine if any errors were made by the fact-trier. If significant errors are found, the appellate court may overturn the decision and order a new trial.

Yes, a fact-trier has the right to ask questions during a trial. However, this is typically done through the judge, who acts as the intermediary between the fact-trier and the witnesses. The fact-trier can request the judge to ask specific questions or seek clarification on certain points.

If the fact-trier is unable to reach a unanimous decision, it is known as a hung jury. In such cases, the judge may declare a mistrial, and the case may be retried with a new fact-trier. Alternatively, the parties involved may negotiate a plea agreement or settle the case outside of court.

In some cases, a fact-trier’s decision can be overturned on appeal if it is found to be legally incorrect or based on an error of law. However, it is generally difficult to overturn a fact-trier’s decision, as appellate courts typically defer to the fact-trier’s judgment on factual matters.

Generally, a fact-trier can only consider evidence that was presented in court and admitted by the judge. However, there are exceptions to this rule, such as when new evidence is discovered after the trial or when the fact-trier needs to consider evidence of a witness’s prior inconsistent statements.

Ideally, a fact-trier should base their decision solely on the evidence presented in court and the applicable laws. However, it is possible for public opinion or media coverage to indirectly influence a fact-trier’s decision-making process. It is important for fact-triers to remain impartial and not be swayed by external factors.