Who or what determines the facts in a legal proceeding, usually during a trial?

The trier of fact is the entity responsible for determining the facts in a legal proceeding, typically in a trial setting. This term refers to either the jury or the judge, depending on the type of trial. In jury trials, the jury evaluates the evidence presented, listens to testimonies, and decides what they believe are the facts of the case. In bench trials, where there is no jury, the judge plays this role. Essentially, the trier of fact assesses the credibility of witnesses, weighs the evidence, and ultimately decides the facts that will guide the legal conclusions.

The other roles mentioned, such as the judge, defendant, and prosecutor, have different functions in the trial process. The judge oversees the proceedings and ensures that the law is followed but does not determine the facts unless it is a bench trial. The defendant is the party accused in a criminal case, and while they can present evidence and argue their case, they do not determine the facts. The prosecutor, representing the state, presents the case against the defendant and argues for a finding of guilt but does not determine the facts either. Thus, the trier of fact's role is distinct and critical in establishing the factual basis upon which legal decisions are made.