He cannot likewise allege his supporting facts at the level of the Supreme Court because the Court is not a trier of facts
. To use the court's own words:
Sufficient evidence must be presented to the trier of fact
to allow a determination to be made as to what portion of the plaintiff's damages may be properly assigned to the event or defendant.
Their filing stated: "Given Plaintiff's conduct in seeking and obtaining a restraining order that required Rob to stay away from Plaintiff and her workplace, no trier of fact
could possibly find that it was reasonably probable that a second season of Rob & Chyna would have been picked up and filmed."
Furthermore, the determination of a trier of fact
as to issues of credibility is given substantial deference, as a trial court's opportunity to observe and evaluate the testimony and demeanor of the witnesses affords it a better perspective from which to assess their credibility (see Vizzari v State of New York, 184 AD2d 564 ; Kincade v Kincade, 178 AD2d 510, 511 ).
In evaluating the request for an adverse inference sanction, the district court explained that the plaintiff "must demonstrate: (1) that the party having control over the evidence had an obligation to preserve it at the time it was destroyed; (2) that the records were destroyed with a culpable state of mind; and (3) that the destroyed evidence was relevant to the party's claim or defense such that a reasonable trier of fact
could find that it would support that claim or defense."
If scientific, technical, or other specialized knowledge will assist the trier of fact
in understanding the evidence or in determining a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify about it in the form of an opinion or otherwise, if:
The panel majority held that both Kolbe's interpretation and the bank's interpretation of the contract could be found reasonable by a trier of fact
, and therefore that the district court erred in dismissing the breach of contract claim.
At the Rule 98 bis stage of a trial, after the Prosecution has presented evidence but before the Defence does so, a trial chamber considers whether a reasonable trier of fact
could be satisfied beyond reasonable doubt of the guilt of the accused on a particular charge.
Because the Texas statute did not limit expert testimony to only physicians or psychologists, the Court held that the general rule merely required an expert to have the knowledge, skill, experience, training or education to assist the trier of fact
to understand the evidence or to determine a fact in issue.
District Court for the Eastern District of Louisiana found that the evidence presented by Mothe Life Insurance Company would allow "a reasonable trier of fact
to find that an ERISA plan did not exist." The court had previously held that the agreement between Mothe Life Insurance and Emile Mothe III lacked clear procedures, as required by ERISA, for receiving benefits.
views [which] are matters appropriately entrusted to the trier of fact
." Accordingly, the court found that "Weak or strong ...
assist the trier of fact
to better understand the evidence, and 3.