Case Theory

Question 1

What is a case theory?

Answer 1

The theory of the case is the adaptation of the story to the legal issues in the case.

The theory of the case should combine the essential facts and the legal position in such a way as to lead to the conclusion that your client’s claim or defence must succeed.

Question 2

What is a case theme?

Answer 2

it is a one sentence theme for the case, themes and storytelling are what make opening statements engaging and effective
A trial theme should be an ideal that we as a society hold
EX. The bride gets the thrills her father gets the bills

Question 3

What are the features of a case theory?

Answer 3

• A theory of the case is why you prevail legally
• It is your explanation for what has occured
• it should be simple, and should maintain an assertive tone (dont use may or might)
• A case theory captures in one paragraph what your case is all about, and portrays the other sides case in a negative light through contrast

Question 4

What does a case theory consist of?

Answer 4

A case theory consists of

1. legal theory
2. factual theory (key facts)
3. Persuasive theory

Question 5

A case theory is a short summary, what must a case theory include?

Answer 5

Must be 4 - 7 sentences, that summarize and wraps up your case, you must try to capture in a few words all the key elements of your case theory
Including:
-who did what to whom, why they did it, what the result was
-what are the legal and moral reasons this requires a verdict in your favour
-what is the single most important item of evidence and your best response to the other sides case
-EX. Khans wife died and he claimed insurance, his sister dies and he was charged with murder, once is a coincidence and twice is a pattern

Question 6

What is a legal theory?

Answer 6

• It is the law that entitles you to succeed
• It must include the legal elements of the case that need to be proven including any potential defences so that you are able to apply the law to the given facts
• statutes
• caselaw

Question 7

What is a factual theory?

Answer 7

It explains what happened in the case, the sequence of events supporting your theory

• it includes only the key facts
• chronology is important
• proof charts
• facts not conclusions
• inferences that can be drawn from the facts

Question 8

10 factors included in a good case theory

Answer 8

1. Explains motive
2. Tells a story
3. Use impactful words and phrases
4. Limited to one theory OR limited alternate theories
   one shot approach vs. shotgun theory (many theories)
5. Believable

Question 9

What is a persuasive Theory

Answer 9

• The theory that explains why you should win as a matter of fairness and justice
• Who is the hero and villian (without using those terms)
• This is the emotional content of your case
• If a judge is on your side emotionally and wants to return a verdict for your client, they will find a way to do so
• On the flip side, you must be able to anticipate and prepare to deal with emotions that will be aroused against your client and their position

Question 10

What does your case theory determine? (5)

Answer 10

Everything

1. Documentary discovery and trial preparation
2. What is said in your opening
3. What is asked in direct and cross examination
4. What is said in your closing argument
5. What Order you are seeking from the judge