The finder of fact, usually a jury, weighs the facts at trial and applies them to the law
In criminal and civil trials, it is usually the jury’s domain to be the finder of fact. Specifically to determine the truth and weight of the facts and evidence in controversy. A jury must be fair and impartial to serve as the ultimate fact-finder. The jury selection process is fundamental to our system of justice.
While the jury is considered to be the finders of fact, they are not finders of the law. Where there is no jury, the judge will become the finder of fact and of the law.
Issues of law are reserved only for the judge. However, in what is called a “court trial,” the case is heard only by the judge. No jury is present. In that role, the judge is both the trier of fact and law.
