Legal Definitions - fact finder

A fact finder is an impartial individual or group responsible for evaluating the evidence presented in a legal or administrative proceeding to determine what actually happened. Their role is to listen to testimony, review documents, and assess other information to establish the true facts of a matter, which then form the basis for applying relevant laws or rules.

• Commercial Arbitration

  Scenario: Two companies are in a dispute over a breach of contract. Instead of going to court, they agree to resolve the matter through binding arbitration.

  Explanation: In this arbitration, the appointed arbitrator (or panel of arbitrators) acts as the fact finder. They will hear arguments from both companies, examine contract documents, review financial records, and listen to witness testimony. Based on all this evidence, the arbitrator will determine the sequence of events, whether a breach occurred, and the extent of any damages, thereby establishing the factual foundation for their decision.

• Professional Licensing Board Hearing

  Scenario: A state medical board receives a complaint alleging that a doctor engaged in professional misconduct. The board convenes a hearing to investigate the allegations.

  Explanation: The members of the medical board, or a designated hearing officer, serve as the fact finder. They are responsible for impartially reviewing the evidence, including patient records, expert testimony, and the doctor's defense. Their task is to determine whether the alleged misconduct actually occurred and to what extent, before deciding on any disciplinary action.

• Workers' Compensation Claim Review

  Scenario: An employee files a claim for workers' compensation benefits, stating they suffered an injury while performing their job duties. The employer disputes the claim, arguing the injury was pre-existing or occurred outside of work.

  Explanation: A hearing officer or a panel from the state's workers' compensation board will act as the fact finder. They will review medical reports, witness statements, and employment records, and may hear testimony from the employee, employer, and medical professionals. Their role is to objectively determine the facts surrounding the injury, such as when and how it occurred, and if it is work-related, to establish the basis for approving or denying the claim.