Define: Finder Of Fact

A finder of fact is a person or group responsible for determining the truth or facts of a case in a legal proceeding. This can be a judge, jury, or administrative body, depending on the type of case.

The finder of fact’s role is to evaluate the evidence presented by both parties and make a decision based on the facts and applicable law. They are responsible for determining credibility, weighing evidence, and reaching a verdict or decision.

A finder of fact is responsible for determining the truth or facts of a case, while a judge is responsible for interpreting and applying the law. In some cases, a judge may also act as the finder of fact, but in others, a jury or administrative body may fulfill this role.

Ideally, a finder of fact should be impartial and unbiased. However, there is always a possibility of bias, which is why parties have the right to challenge potential biases during jury selection or request a change of venue if they believe they cannot receive a fair trial.

A finder of fact considers various factors, including witness testimony, physical evidence, expert opinions, and any relevant documents or records. They evaluate the credibility of witnesses, assess the weight of evidence, and apply the law to the facts presented.

In most cases, a finder of fact’s decision can be appealed. However, the grounds for appeal are usually limited to errors of law or procedural irregularities, rather than challenging the finder of fact’s determination of facts.

If a jury, for example, cannot reach a unanimous decision, it is referred to as a hung jury. In such cases, a mistrial may be declared, and the case may be retried with a new jury or resolved through a plea bargain or settlement.

Generally, a finder of fact can only consider evidence that was properly presented and admitted during the trial or hearing. However, there may be exceptions in certain circumstances, such as newly discovered evidence or if the evidence was improperly excluded during the trial.

A finder of fact’s decision can be overturned on appeal if there are legal errors or procedural irregularities that affected the fairness of the trial. However, appellate courts generally give deference to the finder of fact’s determination of facts and will only overturn it if it is found to be clearly erroneous.

The finder of fact’s decision is crucial as it determines the outcome of a case. Their determination of the facts and credibility of witnesses forms the basis for the application of the law and ultimately decides whether a party is found liable or guilty, or if their rights are upheld.