Legal Definitions - finder of fact

The finder of fact is the person or group in a legal proceeding responsible for listening to evidence, evaluating witness testimony, and deciding what actually happened in a case. Their primary role is to determine the truth of the events and circumstances presented, rather than to interpret or apply the law itself. In a jury trial, the jury serves as the finder of fact. In cases without a jury (known as a bench trial), the judge takes on this responsibility, alongside their role as the interpreter of law. Administrative law judges or hearing officers fulfill this role in administrative hearings.

• Example 1: Criminal Jury Trial

  In a criminal trial where a defendant is accused of burglary, the twelve members of the jury serve as the finder of fact. They listen to the prosecutor present evidence like security footage, witness statements, and forensic reports, and they also hear the defense's arguments and any alibi witnesses. After considering all the information, the jury must decide whether the prosecution has proven, beyond a reasonable doubt, the factual elements of the crime – for instance, whether the defendant was indeed the person who entered the building and intended to commit a theft. Their verdict is a factual determination based on the evidence.

• Example 2: Civil Bench Trial

  Consider a civil lawsuit between two businesses over a disputed contract, where both parties have agreed to have a judge decide the case without a jury. In this scenario, the judge acts as the finder of fact. The judge will hear testimony from company executives, review financial documents, and examine emails exchanged between the parties. Based on this evidence, the judge must determine key factual questions, such as whether a valid contract was formed, if one party failed to uphold their obligations, or what financial losses resulted from any breach. After establishing these facts, the judge then applies contract law to reach a judgment.

• Example 3: Administrative Hearing

  An individual applies for workers' compensation benefits after sustaining an injury at work, but their claim is denied. They request an administrative hearing to appeal the decision. An administrative law judge (ALJ) presides over this hearing and functions as the finder of fact. The ALJ reviews medical records, hears testimony from the injured worker, their doctor, and potentially a company representative. The ALJ's task is to determine the factual truth of the situation: Was the injury sustained in the course of employment? What is the extent of the injury? Does it prevent the worker from performing their job duties? The ALJ's factual findings will directly influence the outcome of the benefits appeal.