In a trial, the fact finder is responsible for determining the answers to questions of fact, while the judge decides questions of law. In a jury trial, the jury acts as the fact finder, while in a bench trial, the judge assumes this role.
A fact finder in a civil or criminal trial is the person or group of people entrusted with the responsibility of determining the answer to all questions of fact – as opposed to questions of law – in deciding the case. Typically, this is a responsibility assigned to a jury in a trial that decides how the facts of the case are to be applied to the law affecting the matter at hand. However, in a bench trial, which is a trial in which the parties make their arguments directly to the judge without the presence of a jury, the judge acts as a fact finder in addition to his typical duty to rule in law.
The investigator has a duty to answer all factual questions that will determine how the law is to be applied to the evidence presented by the two parties. “Questions of fact” differ from “questions of law” in that they are the question of what actually happened. “Questions of law” are questions about how the appropriate law should be applied to the parties. An example of something that would be determined by the fact finder is whether Party A threw a rock at Party B before Party B shot Party A. A question of law that the judge would then decide, given that situation, is whether Party B can adequately claim self-defense given that team A threw a stone at team B before it shot at team A.
In a jury trial, where the jury is the investigator of the facts, all arguments and evidence will be presented to the jury for its determination of the course of events relating to the trial. There are different rules based on the jurisdiction and the type of case regarding the size of the jury, the extent to which its members must agree on how to decide the facts, and the burden of proof that the parties must bear to prove certain facts. Additionally, some regions protect the defendant’s right to a jury trial in criminal cases, so a jury composed of the defendant’s peers is often required to act as a fact finder, unless that right is waived by the appropriate party.
In situations where the right to a jury as fact finder is waived or not required by the laws of the region, the judge will typically assume the role of fact finder. This is called a bench process, and there is typically less drama by the parties within the process. For example, opening and closing statements — which are tools used by the parties to appeal to the jury’s emotions — are generally not made during bench trials. Rather, the parties make their arguments to the judge, present evidence and witnesses, and the judge makes appropriate determinations of fact and law.
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