trier of law is always the judge and trier of fact is the jury when there is one present and if not it is also the judge
The trier of fact is the individual or group responsible for determining the factual issues in a case. This can include a judge or a jury, depending on the type of trial. Their role is to evaluate the evidence presented and make decisions on matters of fact, such as whether a party is liable or whether a claim is substantiated.
A jury is the trier of fact in a jury trial. In the United States, roughly 3 million people are called for jury duty each year.
He becomes the "Trier of Fact."AnswerIn a non-jury trial the judge has two roles.The "finder of fact" parallels the role of the jury. A judge's other role is to determine what the applicable law is and then apply the law to the facts.
No such thing... If the question is, "What is a court trial?" the answer could be a trial by judge, without a jury, where the judge is both the trier of fact and renders judgment.
No such thing... If the question is, "What is a court trial?" the answer could be a trial by judge, without a jury, where the judge is both the trier of fact and renders judgment.
judge
A trial that has no jury is called a bench trial. A defendant may choose to waive his right to a jury trial and have his case heard and decided by a judge only. See the link below for a simple description of this type of trial.
In a jury trial, the jury (petit jury) would determine which facts are (most likely) true or fabricated, as well as determine the guilt or innocence of the defendant. In a trial without a jury, this role would be carried out by the judge or magistrate.
No. Where the jury acts, the jury acts as trier of fact only. The court routinely instructs the jury as to principles of law and their application, but the court, not the jury, determines the applicable law and how it is to be applied. In this, the jury has no discretion.
A trial with no jury (aka Trial by Judge or Bench Trial) is where the judge will act as the trier of fact and law. Basically, the presiding judge will determine what facts to believe and render a decision based on his view of the facts. The judge will generally hear the witnesses, go over the evidence, and give the weight and credibility of the evidence as he/she sees fit.
A trial with no jury (aka Trial by Judge or Bench Trial) is where the judge will act as the trier of fact and law. Basically, the presiding judge will determine what facts to believe and render a decision based on his view of the facts. The judge will generally hear the witnesses, go over the evidence, and give the weight and credibility of the evidence as he/she sees fit.