Legal Definitions - Trier of fact

Trier of fact

The trier of fact is the person or group in a legal proceeding responsible for listening to all the evidence presented and deciding what actually happened. Their primary role is to determine the truth of the events, assess the credibility of witnesses, and resolve any factual disputes based on the information provided during a trial.

In a trial, the trier of fact is typically:

• A jury, in cases where a jury is present.
• A judge, in cases heard without a jury (often called a "bench trial").

The trier of fact's conclusions about the facts are crucial because they form the basis upon which legal rules are then applied to reach a final judgment.

Here are some examples:

• Imagine a criminal trial where a person is accused of theft. The prosecution presents security camera footage, witness testimonies, and forensic evidence, while the defense argues mistaken identity. The jury, in this scenario, acts as the trier of fact. They must carefully review all the evidence, decide which witnesses are credible, and ultimately determine whether the defendant actually committed the theft beyond a reasonable doubt. Their decision on these factual questions will dictate the outcome of the case.

• Consider a civil lawsuit concerning a car accident. The plaintiff claims the defendant ran a red light, causing the collision, while the defendant insists the light was green. If this case is heard by a judge without a jury (a bench trial), the judge serves as the trier of fact. The judge will listen to both drivers' testimonies, examine accident reports, and consider any photographic evidence to determine whose account of the traffic light's color is factually correct. This factual determination is essential for deciding liability.

• In a dispute over a business contract, two companies disagree on whether a specific verbal agreement was made during a meeting. There are no written records of this particular discussion. If the case goes to trial, and there is no jury, the judge will be the trier of fact. The judge will hear testimony from representatives of both companies, consider any supporting documents or emails, and then decide, as a matter of fact, whether the verbal agreement was indeed formed. This factual finding will then determine the legal obligations of each party.