Trier of Fact Determines Weight of the Evidence

in greater weight of the evidence, Trial Perspectives

Just because there was conflicting evidence does not mean a new trial is warranted or the trier of fact got it wrong. It just means the trier of fact weighed that conflicting evidence differently then you. This is permissible because it is up to the trier of fact to determine the weight to be given to the evidence. Trials are filled with conflicting evidence and he said/she said testimony. This is why there is a dispute. The determination of who is right and who is wrong based on this conflicting evidence and the weight to be given to the evidence...