 | The examples and perspective in this articlemay not represent aworldwide view of the subject. You mayimprove this article, discuss the issue on thetalk page, orcreate a new article, as appropriate.(December 2010) (Learn how and when to remove this message) |
Inlaw, atrier of fact orfinder of fact is a person or group who determines disputed issues offact in alegal proceeding (usually atrial) and howrelevant they are to deciding its outcome.[1] To determine a fact is to decide, from theevidence presented, whether something existed or some event occurred.[2]
The factfinder differs by the type of proceeding. In a jury trial, it is thejury; in a non-jury trial, thejudge is both the factfinder and thetrier of law. In administrative proceedings, the factfinder may be ahearing officer or a hearing body.[3]
 | This sectiondoes notcite anysources. Please helpimprove this section byadding citations to reliable sources. Unsourced material may be challenged andremoved.(June 2021) (Learn how and when to remove this message) |
In a jury trial, ajury is the trier of fact. The jury finds the facts and applies them to the relevantstatute orlaw it is instructed by the judge to use to reach itsverdict. Thus, in a jury trial, the jury makes the findings of fact while thejudge makes legal rulings as to what evidence will be heard by the jury and what legal framework governs the case. Jurors are instructed to follow the law as given by the judge strictly but are in no way obligated to do so. This sometimes leads tojury nullification, where the jury's verdict differs from the law.
In Anglo-American–based legal systems, a finding of fact made by the jury is not appealable unless clearly wrong to any reasonable person. This principle is enshrined in theSeventh Amendment to the United States Constitution, which provides that "no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law".[4]
In a bench trial, judges are professional triers of fact. In a bench trial, the judge makes findings of fact and rulings of law.[5] The findings of a judge of first instance are not normally disturbed by anappellate court.[6]
In the U.S., anadministrative law judge (ALJ) both presides over trials (and makes rulings of law) and adjudicates the claims or disputes (in other words, ALJ-controlled proceedings arebench trials) involvingadministrative law, but ALJs are not part of anindependentjudiciary.
In mixed systems, such as thejudiciary of Germany, a mixture of both judges and lay judges are triers of fact.