Who acts as the trier of fact in a legal proceeding?

Prepare for the AAERT Certified Deposition Reporter Exam. Use flashcards and multiple choice questions with explanations and hints. Be confident and ready for your test day!

In a legal proceeding, the trier of fact is the entity responsible for determining the facts of the case based on the evidence presented. This role is primarily fulfilled by either a jury or a judge, depending on the nature of the trial. In jury trials, jurors assess testimony, evidence, and witness credibility, ultimately deciding whether the evidence meets the required legal standard for a verdict. In a bench trial, where there is no jury, the judge performs this function, evaluating the evidence and making factual determinations.

By serving as the trier of fact, the jury or judge plays a crucial role in ensuring that justice is served by making decisions based on objective assessments of the evidence, rather than personal biases. Other options, such as the plaintiff or defendant, are participants in the trial but do not have the authority to determine the outcome based on factual findings. Similarly, while attorneys advocate for their clients, they do not act as triers of fact; their role involves presenting and interpreting evidence rather than making factual decisions.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy