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.

References in periodicals archive ?
Our opinions are valued by attorneys, clients, and triers of fact because we are professionals who work exclusively in the franchise industry.
We do not sit as triers of fact, and so it would be improper for us to supervise the collection of further evidence.
He said in an email sent Tuesday afternoon to the bar that Bundy's trial is scheduled for later this year, and that "the sole basis of my complaint is the issue of influencing potential jurors, who will be triers of fact."
* Second, until 1988, it was a requirement to warn triers of fact of the dangers of convicting on the uncorroborated evidence of an unsworn child.
Triers of fact in Louisiana are vested with much discretion when fashioning awards; thus, a seemingly disproportionate judgment will only be reversed when that discretion has been abused.
To help triers of fact understand the impact of different types of financial transactions or attach a measurable value to a plaintiff's injury CPAs often are called on to serve as expert witnesses.
In the Appellate Court's view there was sufficient evidence, without the necessity of resorting to the usual need for expert medical testimony, that reasonable lay triers of fact could find that the failure of a respiratory therapist employed by a corporation, and not the defendant hospital, was the proximate cause of an infant aspirating her own vomit which caused her to go into respiratory and cardiac arrest.
Triers of fact feel they will be no worse off personally if they find for the plaintiff, and emotionally it is easier for them to find for an injured plaintiff than to side with the defendant.
Jurors will ask embarrassing questions and we lawyers will no longer be able to flim-flam the triers of fact. (Panel encourages giving a greater voice to jurors, December 15 News.)
In the cases to date, the triers of fact appear to have been able to acknowledge expertise without falling victim to the "mystic infallibility" syndrome.
A qualified opinion rendered during legal proceedings must be able to withstand the scrutiny of intense and hostile cross-examination to be considered credible by a jury or other triers of fact. Attorneys routinely attempt to dispel the testimony of an opposing expert witness by impeachment, a process through which an adverse attorney suggests that the counselor's opinion should be dismissed or given less weight.
The court dismissed the argument that the cap would reduce systemic costs of the civil justice system and relieve triers of fact from the burden of having to assess what "reformers" said were "inherently unmeasurable" noneconomic damages.