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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.

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...

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