CA Q 9 Response

CA Q 9. Since the parties are in disagreement as to what actually occurred in this case (i.e., did Brian deliberately try to pull the chair out from under the plaintiff, OR did he deliberately try to push the chair toward her as she was sitting down), WHO should decide WHICH VERSION of the FACTS is “right”?

The “trier of facts” always decides all relevant disputed factual issues. By contrast, the trial JUDGE always decides all LEGAL issues.

WHO is the “trier of facts”?

Ordinarily, the JURY is the “tier of facts,” but in some cases (i.e., in cases where there is no jury), the TRIAL COURT must act in the separate role of the jury of fact-finder to resolve disputed facts, in addition to its normal role as the judge (to resolve all LEGAL issues).