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Topic: Trier of fact

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	Format Document
		If the trier of fact determines that a sentence of death is not appropriate, or if the state has not filed a notice of intent to seek the death penalty, and the defendant is convicted of first degree murder, the court shall determine whether to impose a sentence of life or natural life.
		A finding by the trier of fact that any of the remaining aggravating circumstances alleged has not been proven or the inability of the trier of fact to agree on the issue of whether any of the remaining aggravating circumstances alleged has been proven shall not prevent the holding of the penalty phase.
		If the trier of fact is a jury and the jury unanimously determines that the death penalty is not appropriate, the court shall determine whether to impose a sentence of life or natural life.
	www.azleg.state.az.us /FormatDocument.asp?inDoc=/ars/13/00703-01.htm&Title=13&DocType=ARS (1215 words)

	Persuasive Storytelling Using Direct Examination
		This is so, not only because the trier of fact has the advantage of hearing and seeing the witnesses, but also because the parties are given their day in court during which they have the opportunity to present their entire case, face the judge, and tell their story.
		Its importance lies in the fact that it is the first opportunity for the trier of fact to observe the witness and hear that witness' story.
		Reinforcing the story in each of these will ensure that the story is more understandable and that the trier of fact is focused upon the theme and theory of the story as he or she listens to the direct examination.
	www.srglegal.com /articles/storytelling.htm (5440 words)

	Florida Divorce Recovery-state laws, custody, child support, alimony, visitation, grounds
		The trier of fact may order payment of child support which varies, plus or minus 5 percent, from the guideline amount, after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent.
		The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate.
		Notwithstanding the variance limitations of this section, the trier of fact shall order payment of child support which varies from the guideline amount as provided in paragraph (11)(b) whenever any of the children are required by court order or mediation agreement to spend a substantial amount of time with the primary and secondary residential parents.
	www.divorcerecoverysuite.com /states/florida.html (1636 words)

	Trier Of Fact definition (Site not responding. Last check: )
		It refers to a judge or jury who decides the facts and law of the court case.
		In jury trial, the jury decides finds fact while the judge makes law that would be applicable.
		In cases where there is no jury ie bench trial, the judge takes charge of facts and law.
	www.legal-explanations.com /definitions/trier-of-fact.htm (52 words)

	MAINE RULES OF EVIDENCE
		A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
		Whenever it is established in an action that a child was born to or conceived by a woman while she was lawfully married, the party asserting the illegitimacy of the child has the burden of producing evidence and the burden of persuading the trier of fact beyond a reasonable doubt of such illegitimacy.
		Whenever the existence of a presumed fact against the accused is submitted to the jury, the court in instructing the jury should avoid charging in terms of a presumption.
	www.courts.state.me.us /rules_forms_fees/rules/MREvidOnly7-05.htm (3425 words)

	Relating to comparative fault in civil actions; creating new provisions; amending ORS 31.600, 31.605 and 31.
		Provides that, for purpose of determining percentage of fault for each defendant, trier of fact may consider fault of person who is not subject to jurisdiction of court and fault of person who is not subject to action because claim is barred by statute of limitation or statute of ultimate repose.
		The reallocation shall be made on the basis of each party's respective percentage of fault determined by the trier of fact under ORS 31.605.
		The claimant's share of the reallocation shall be based on any percentage of fault determined to be attributable to the claimant by the trier of fact under ORS 31.605, plus any percentage of fault attributable to a person who has settled with the claimant.
	www.leg.state.or.us /05reg/measures/hb2800.dir/hb2893.intro.html (1011 words)

	Expert Witness Procedures for Accountants (Site not responding. Last check: )
		Of course, it is necessary to be familiar with the facts of the subject case.
		It is not the role of the expert witness to decide the case; that's the job of the trier of fact.
		In recent years, triers of fact seem to prefer that experts avoid statements such as "it is the state's position that..." or "it is my firm's position that...." As an accountant, you should be mindful of the fact that you are the expert--not your corporate or governmental employer.
	www.nysscpa.org /cpajournal/1999/0399/features/f240399.html (2268 words)

	fact - Definitions from Dictionary.com
		Usage Note: Fact has a long history of usage in the sense "allegation of fact," as in "This tract was distributed to thousands of American teachers, but the facts and the reasoning are wrong" (Albert Shanker).
		In addition to the idiom beginning with fact, also see after the fact; in fact; is that a fact; matter of fact.
		See also: as a matter of fact, in fact, in point of fact, factual, the facts of life
	dictionary.reference.com /browse/fact (992 words)

	Trier of fact (Site not responding. Last check: )
		A trier of fact is the person or group of persons in a trial who make findings of fact as opposed to rulings of law.
		In a jury trial, the jury is the trier of fact.
		In a "bench trial," or non-jury trial, a judge is the trier of fact.
	www.xasa.com /wiki/en/wikipedia/t/tr/trier_of_fact.html (151 words)

	NationMaster - Encyclopedia: Trier of fact
		If the trier of fact is a jury and has been unable to reach a unanimous verdict as to what the penalty shall be, the court shall dismiss the jury and shall order a new jury impaneled to try the issue as to what the penalty shall be.
		The trier of fact shall be instructed that a sentence of confinement to state prison for a term of life without the possibility of parole may in future after sentence is imposed, be commuted or modified to a sentence that includes the possibility of parole by the Governor of the State of California.
		If the trier of fact determines that the mitigating circumstances outweigh the aggravating circumstances the trier of fact shall impose a sentence of confinement in state prison for a term of life without the possibility of parole.
	www.nationmaster.com /encyclopedia/Trier-of-fact (600 words)

	Moot Court: Readings and Suggested Measures of Learning
		The trial court is the trier of fact.
		That is, the trier of fact is the one (or ones) who decides whether Witness X or Witness Y is telling the truth.
		That is because it is assumed that the trier of fact, who actually had the opportunity to observe the witness and hear the witness cross-examined has the best opportunity to judge the truth or falsity of the testimony.
	www.csudh.edu /dearhabermas/mcs0205.htm (416 words)

	California Penal Code
		If the trier of fact determines that the mitigating circumstances outweigh the aggravating circumstances, the trier of fact shall impose a sentence of confinement in the state prison for 15 years to life.
		The determination of the truth of any or all of the special circumstances shall be made by the trier of fact on the evidence presented at the trial or at the hearing held pursuant to Subdivision (b) of Section 190.1.
		If the defendant was convicted by the court sitting without a jury, the trier of fact shall be a jury unless a jury is waived by the defendant and by the people, in which case the trier of fact shall be the court.
	www.fordhamprep.org /socstud/Cases/code.htm (6263 words)

	Federal Rules of Evidence (LII 2006 ed.)
		A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.
		The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing.
		Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect.
	www.law.cornell.edu /rules/fre/rules.htm (6962 words)

	Section 27-702 (Site not responding. Last check: )
		If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.
		When an expert's opinion on a disputed issue is a conclusion which may be deduced equally as well by the trier of fact with sufficient evidence on the issue, the expert's opinion is superfluous and does not assist the trier in understanding the evidence or determining a factual issue.
		Expert testimony which may be of assistance to the trier of fact is admissible even in areas where laymen have competence to determine the facts.
	statutes.unicam.state.ne.us /Corpus/Statutes/chap27/R2707002.html (1287 words)

	Expert psychological testimony: Assisting or misleading the trier of fact? Canadian Psychology - Find Articles (Site not responding. Last check: )
		By contrast, when there is a jury, it is the jury that is the trier of fact and, as such, it is the jury that is charged with resolving questions of fact.
		Regardless of whether there is a judge or jury serving as the trier of fact in the case, questions of fact may arise that cannot be answered by the triers of fact without expert assistance.
		Because the triers of fact are not mental health professionals, they cannot determine, in fact, whether an accused has a mental disorder.
	www.findarticles.com /p/articles/mi_qa3711/is_200105/ai_n8932199 (927 words)

	Rule 201.Judicial Notice of Fact.
		Rule 201 restricts only the power of the court to declare on the record, without resort to formal proof, that a particular fact exists, i.e., that something is actually true, where the fact involved is one that would otherwise be decided by the trier of fact upon submission of proof by the parties.
		The court taking judicial notice of a fact as that term is used in Rule 201 is held to a different and more demanding standard -the same standard required for it to direct a verdict; it must be right, meaning that rational minds would not dispute the fact that the court notices.
		Rule 201 limits judicial notice to facts not subject to reasonable dispute in that they are either generally known in the territorial jurisdiction of the trial court or are capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be doubted.
	www.touchngo.com /lglcntr/ctrules/evcom/EVC-06.htm (1351 words)

	Betty Sue GRAY v. STATE of Arkansas
		Evidence -- trier of fact determines the weight to be given the evidence -- inconsistencies in testimony must be resolved.
		The trier of fact alone determines the weight to be given the evidence, and it may reject or accept any part of that evidence.
		In determining the weight to be given the evidence, the trier of fact must resolve any inconsistencies in the testimony.
	courts.state.ar.us /opinions/old/CR94-803A.html (514 words)

	SurfWax: News, Reviews and Articles On Trier Of Fact
		Because as the "trier of fact" sitting as an Equity Jurist he could separate the wheat from the chaff" without having concern for a jury being tainted by the introduction of improper evidence.
		he trier of fact declines to find that cleaning up an eyesore in the community is a public purpose sufficient for the taking of private property under the evidence presented, he said.
		If the trier of fact were to find Clark's evidence sufficient to discount the case made by the State, which has the burden to prove knowledge or intent as an element of the offense, Clark would not be guilty of first-degree murder under Arizona law.
	www.lawkt.com /files/Trier_Of_Fact.html (3686 words)

	Section 538-215 Damage itemization by trier of fact--ex (Site not responding. Last check: )
		Damage itemization by trier of fact--excess noneconomic damages to be reduced by court.
		All future damages which are itemized as required by subsection 1 of this section shall be expressed by the trier of fact at present value.
		Any award of noneconomic damages in excess of the limit provided herein shall be reduced by the court to the maximum amount.
	www.moga.state.mo.us /statutes/C500-599/5380000215.HTM (119 words)

	Section 6-5-543
		If the award of future damages assessed by the trier of fact is $150,000 or less, the trial court shall enter judgment against the defendants for the amount of such future damages.
		No evidence shall be received by the trier of fact concerning the present value of such future damages except pursuant to this subsection.
		As to that portion of the award of future damages in excess of $150,000 which is owed to the plaintiff's attorney, that portion shall be reduced to present value by the court, utilizing the life expectancy of the judgment creditor, and judgment shall be entered against the defendant for the reduced amount.
	www.legislature.state.al.us /codeofalabama/1975/6-5-543.htm (643 words)

	Rule 702.Testimony by Experts.
		By allowing testimony "in the form of an opinion or otherwise," the rule allows an expert to give testimony in the form of a dissertation on a given topic thereby allowing the trier of fact to draw his own inferences by applying the specialized knowledge to the facts of the case at hand.
		If the rationale were that the trier of fact might have difficulty in drawing inferences from specialized evidence, it would not be persuasive, because it would suggest that the trier of fact is incapable of rejecting expert opinions.
		This goes to the weight of the testimony, assessment of which is the province of the trier of fact.
	www.touchngo.com /lglcntr/ctrules/evcom/EVC-52.htm (589 words)

	Los Angeles Lawyer - Hearsay
		Generally in common law courts the "hearsay rule" applies, which says that a trier of fact (juror or judge) cannot be informed of a hearsay statement unless it meets certain strict requirements.
		The fact that a statement is hearsay, however, does not mean that it is inadmissible in court.
		Hearsay exceptions only mean that the trier of fact (a judge or jury) will be informed of the hearsay statement and get to consider it when they make their decision in the case.
	www.danataschner.com /hearsay.html (1509 words)

	Gemworld International, Inc.: Current News (Site not responding. Last check: )
		Although an expert witness is often retained by one of the litigants, a good expert will not lose sight of the fact that he or she is there to assist the trier of fact in understanding evidence and to determine contested facts.
		Finally, the trier of fact will not only decide which bricks are to be used for the construction of the building, but also take those elements of each blueprint to create a new one.
		The defense in a criminal case need only convince the trier of fact that as few as one brick is flawed thus creating enough doubt about the prosecution's case to win.
	www.gemguide.com /news/currentnews.htm (2042 words)

	Negligence Per Se
		The trier of fact in such situations is only then permitted to ascertain whether the statute in question was in fact violated, and not whether the particular violation was otherwise reasonable under the circumstances.
		Unlike either of the other two approaches (both of which allow the trier of fact to excuse statutory violations where it is otherwise reasonable to do so), the negligence per se approach permits only the court (and not the trier of fact) to make such determinations.
		It is only in those cases where the alleged statutory violation involves a "civil" statute that the court will be denied its discretion and mandated to apply the statutory standard of care as negligence per se, regardless of the existence of some excuse or not.
	www.samford.edu /schools/netlaw/Martin/torts1/nps/nps.htm (278 words)

	Gorman & Williams
		Expert testimony may be admitted, in the form of an opinion or otherwise, if the court determines that the testimony will assist the trier of fact to understand the evidence or to determine a fact in issue.
		The fact that he might have a degree in education, sociology or theology does not, per se, make him qualified; nor does the mere fact that he is a social worker, a probation officer, a teacher, a priest, minister or rabbi.
		Nor must the subject of the expert testimony be so far beyond the level of skill and comprehension of the average layperson that the trier of fact would have no understanding of the subject matter without the expert's testimony.
	www.gandwlaw.com /articles/social_worker.html (1671 words)

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