factfinder

(T) he proper inquiry for the factfinder is not whether a defendant actually perceives a lack of consent, but whether the victim, by words or actions, clearly expresses an unwillingness to engage in the sexual act in such a way that a neutral observer would have understood that the victim was not consenting.

Criminal Law 2007

(T) he proper inquiry for the factfinder is not whether a defendant actually perceives a lack of consent, but whether the victim, by words or actions, clearly expresses an unwillingness to engage in the sexual act in such a way that a neutral observer would have understood that the victim was not consenting.

NY Court of Appeals 2007

Distribution of power between judge and jury is not the issue here: whether the factfinder is a judge or jury, we impose a “reasonable doubt” standard on the facts but only a preponderance standard on the law the rule of lenity aside.

The Volokh Conspiracy » Puzzles About Proof. 2007

Distribution of power between judge and jury is not the issue here: whether the factfinder is a judge or jury, we impose a “reasonable doubt” standard on the facts but only a preponderance standard on the law the rule of lenity aside.

The Volokh Conspiracy » Puzzles About Proof. 2007

Since your blogging under the alias of "factfinder" …. .seek first and you will understand my position/contention.

statesman.com - Highschool 2010

Hey "factfinder:" Pretty bold words for someone who lacks the courage to use their real … etc.

Missoula Independent 2009

First, as I discussed earlier, the emotional distress tort, if upheld, would continue to deter constitutionally protected speech far beyond that which the Phelpsians engaged in, since many speakers could reasonably fear that some jury (or university administrator or judge or other factfinder) will find certain speech “outrageous.”

The Volokh Conspiracy » The Overbreadth Doctrine and the Funeral Picketing Case 2010

The court granted summary judgment on the copyright infringement claim where no reasonable factfinder could find the works substantially similar.

Are they made with real Girl Scouts? Cookbook claim fails Rebecca Tushnet 2009

The court granted summary judgment on the copyright infringement claim where no reasonable factfinder could find the works substantially similar.

Archive 2009-09-01 Rebecca Tushnet 2009

The court commented that, were it the factfinder, it would be persuaded by the licensing argument because the products serve identical functions, but a reasonable jury could disagree.

Archive 2009-04-01 Rebecca Tushnet 2009