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trier of fact |
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trier of fact n. the judge or jury responsible for deciding factual issues in a trial. If there is no jury the judge is the trier of fact as well as the trier of the law. In administrative hearings, an administrative law judge, a board, commission, or referee may be the trier of fact. |
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In most welding fume cases, the plaintiffs have failed to convince the trier of fact of a connection between the exposure to welding fumes containing manganese and Parkinson's disease or some other neurological disorder such as parkinsonism or manganism. Federal Rule of Evidence 702 states, "if scientific, technical or other specialized knowledge will assist the trier of fact . Under rule 702 of the Federal Rules of Evidence, a witness qualified as an expert by "knowledge, skill, experience, training or education" may testify to an opinion based upon "scientific, technical or other special knowledge" if such testimony will "assist the trier of fact to understand the evidence or to determine the fact in issue. |
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