Trier of fact

In a trial, there can be two types of disputes - factual and legal. Factual disputes are disputes over what happened, i.e. the facts of the case. In a car accident case, Party A will claim that the stop light was red at the time of the accident. Party B will claim that the stop light was green at the time of the accident. The trier of fact hears the evidence from both parties and decides whether the stop light was red or green.

The trier of fact will either be the judge or the jury. In a jury trial, the jury is the trier of fact. In a bench trial, a trial without a jury, the judge is the trier of fact.

Factual disputes are distinct from legal disputes. Legal disputes are disputes over what law applies to the case. In a contract dispute, Party A may claim that the contract at issue is for a construction defect and the case should be governed by Florida's construction laws. Party B may claim that it is merely a contract for services and is therefore not governed by the construction laws. The trier of law determines what law applies to the case. The judge is always the trier of law.