Turning to the relevance requirement--that the testimony must "assist the trier of fact
to understand the evidence or to determine a fact in issue"--the Court noted that this requirement has been described as one of "fit.
On appeal, the court's review is confined to the record from the administrative law court, which makes the administrative law court the final trier of fact
If so, what should this analysis look like and which trier of fact
should determine the case outcome?
Thus, the fact that Star attained a 10 percent share of the domestic-only DIPF market - - from zero share - - in less than three years undermines Complaint Counsel's basic theory" and "would not lead a rational trier of fact
to find for Complaint Counsel.
appellate courts should give deference to the decisions of the trier of fact
who is usually in a superior position to appraise and weigh the evidence, lithe verdict bears a reasonable resemblance to the damages proven, an appellate court should not upset it merely because the court might have awarded a different amount of damages.
In that case, the court decided that it must be convinced by the party who benefits from the error "that it is more likely than not that the error(s) did not influence the trier of fact
and thereby contribute to the verdict.
It is discouraging to impartial appraisers to find themselves in situations in which the appraiser hired by the opposing side of the case is not impartial; and, to make matters worse, because the appraiser is a glib witness, the trier of fact
is not able to detect that the witness is not being impartial.
the court most commonly will let the jury, the trier of fact
, decide the issues," he said.
Frequently, in order to decide what happened at a particular moment in the past, the trier of fact
must first decide whom to believe, and how much to believe from various persons' accounts of the same events.
No reasonable trier of fact
could have concluded that Mehserle intentionally fired his gun.
This is so because it is understood that there is a very real danger that a trier of fact
would very likely be influenced by what is referred to as "bad character evidence", and that the focus of deliberations would be whether you are the type of person to commit crime (moral prejudice) or the type with a propensity (or likelihood) to commit the specific crime charged (reasoning prejudice).
703 in pari materia, (3) and thereby permit explanatory expert testimony concerning legal issues when it will "assist the trier of fact
in understanding the evidence or in determining a fact in issue," (4) and when it does not, merely tell the fact-finder which result to reach.