What does it mean to be the trier of the law?
What does it mean to be the trier of the law?
Related Content. The person tasked with making legal rulings (as opposed to factual findings) in a trial or other court proceeding. In a given proceeding, the trier of law must determine whether the evidence is admissible and can be considered by the trier of fact.
Is the judge the trier of law?
The judge is the trier of law, meaning he or she ensures that everything happening in the courtroom follows the rules set down by the law. If a jury is not present in a court case, the judge becomes both the trier of fact and the trier of law.
Who is the trier of law in a jury trial?
In a jury trial, a jury is the trier of fact. The jury finds the facts and applies them to the relevant statute or law it is instructed by the judge to use in order to reach its verdict.
In which type of trial is the judge both the trier of law and the trier of fact?
At a bench trial, the judge rules on the procedural and evidentiary issues and takes on the jury’s role as factfinder. The judge will make the rulings, hear the evidence, and decide whether the defendant is guilty or not guilty.
How does burden of proof work?
The burden of proof (“onus probandi” in Latin) is the obligation to provide sufficient supporting evidence for claims that you make. For example, if someone claims that ghosts exist, then the burden of proof means that they need to provide evidence that supports this.
What is the jury’s fact finding called?
Terms in this set (28) Also called fact-finder; the entity that determines fact in a trial. In a jury trial, the jury is entrusted with fact-finding; in bench trial, the judge necessarily must find the facts as well as make conclusions of the law.
What is the legal term trier of fact?
Related Content. The person (such as a judge) or group of persons (such as a jury) tasked with making factual findings based on the evidence in a trial or other court proceeding.
Who is the trier of the facts?
A judge or jury that determines questions of fact in a trial.
Does the judge or jury decide guilt?
The judge or jury decides if you are guilty after hearing all the evidence and the submissions. In most cases, it will take some time to decide the outcome of the case. When you hear the verdict, if you are not guilty (acquitted), you can leave.
What is the highest standard of proof?
The “beyond a reasonable doubt” standard is the highest standard of proof that may be imposed upon a party at trial, and it is usually the standard used in criminal cases.