Fact-Finder
Definition
The person or body whose job is to determine what the facts are: a jury in common-law criminal trials, a judge sitting alone in many civil and some criminal matters, or an examining magistrate in inquisitorial proceedings.
- Common-law criminal role
- Jury
- Common civil/bench trial role
- Judge sitting alone
- Inquisitorial system role
- Examining magistrate
- Function
- Determines what the facts of the case are
Common questions
Why does forensic expert testimony need to be tailored to who the fact-finder is?+
An expert addressing a lay jury typically needs plainer language and more explanatory framing than one addressing a judge or magistrate experienced in technical evidence, so effective testimony style depends on identifying who actually holds the fact-finding role in that proceeding.
Does the fact-finder decide questions of law as well as fact?+
No, questions of law, such as the admissibility of evidence or the correct legal standard to apply, are decided by the judge even in a jury trial; the fact-finder's role is confined to weighing the evidence and determining what happened.
Related terms
- Adversarial System
- A legal model in which two opposing parties (prosecution and defence, or claimant and defendant) present competing cases to a neutral decision-maker....
- Burden of Proof
- The obligation to prove a fact or claim. In criminal law the prosecution typically bears the burden; in civil law the claimant...
- Inquisitorial System
- A model of legal proceedings, common in civil-law countries such as France and Germany, in which the court takes an active role...
- Standard of Proof
- The level of certainty required to discharge the burden. Common criminal standard: beyond reasonable doubt. Common civil standard: balance of probabilities (more...
- Weight of Evidence
- The persuasive value the fact-finder assigns to evidence after it has been admitted. Weight is a jury or magistrate question, not a...