finder of fact


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Related to finder of fact: Conclusion of fact, Triers of fact, Fact checker

fact finder (finder of fact)

n. in a trial of a lawsuit or criminal prosecution, the jury or judge (if there is no jury) who decides if facts have been proven. Occasionally a judge may appoint a "special master" to investigate and report on the existence of certain facts. (See: question of fact)

References in periodicals archive ?
The advantage of litigation is that the finder of fact will endeavor to render a verdict consistent with laws established by legislatures and judges.
The court also found that a reasonable finder of fact could conclude that a deputy director, prison warden, assistant warden, and internal affairs investigator unlawfully retaliated against the employee and were not entitled to qualified immunity on either the First Amendment clai m or the free speech claim under the state civil rights act.
In one lawless step, the Supreme Court ignored the plain language of Florida statutes, substituted its judgment for that of the Legislature and executive branch, and failed to honor the trial court's proper role as finder of fact.
application of objective criteria ensures that sufficiently definite and meaningful constraints are imposed on the finder of fact and ensures that the resulting award is not disproportionate to a defendant's conduct and to the need to punish and deter," Justice Susan Graber wrote for the court.
Kapoor had argued that there was no evidence that he knew about the FDA violations when Lyphomed was sold, but Judge Bucklo found that Fujisawa had presented "sufficient circumstantial evidence from which a finder of fact could conclude that Dr.
Fund told Judge Tucker her client disputed the allegations, but was willing to admit that there was sufficient evidence upon which a finder of fact could find him guilty.
After reviewing the contentions of both sides, the court concluded that the defendant's expert medical witnesses did not produce a sufficient amount of clear and convincing evidence to convince the court that there was no triable issue of fact which had to be presented to a jury as a finder of fact.
The order states that a reasonable jury could conclude that Maxwell's C and D cell BOOSTCAP(R) ultracapacitor products infringe NessCap's patent, and notes that NessCap's expert witness "presented the Court with enough support to allow a reasonable finder of fact to determine that [Maxwell's] devices infringe under the doctrine of equivalents.