A case theory is a clear statement used by lawyers to organize their thoughts and arguments in court. It helps present a compelling case with a favorable outcome. Without it, a case may appear weak and unclear. To formulate a case theory, lawyers brainstorm and consider relevant facts, laws, and emotional factors. The theory of a case determines the arguments presented, the order of witnesses, and evidence. It should be short and concise, creating a solid framework for presenting the case and forming a closing statement.
A case theory is a clear, orderly statement that a lawyer uses to organize his thoughts on a case so that he can present it effectively in court. Provide key justifications he will use to argue the matter in court and create a blueprint for deciding how and when to present the material. This statement offers guidance throughout the process, from the planning stages to the closing statement. It helps the lawyer present a compelling case with the aim of a favorable outcome.
Without a case theory, a lawyer might present a fuzzy and unclear case in court. His arguments may appear out of place, or the evidence will not back up the arguments. The closing statement will not repeat the information it has set forth, because there is no order as to how it has presented the material. This can result in a very weak case, and in a complicated legal issue, the judge and jury may decide in favor of the other attorney.
To formulate a case theory, an attorney will sit down and brainstorm. He can list the facts of the matter, including any indisputable information. He may also take into consideration any relevant laws and common sense factors that might play a role in the perception of the information he will be presenting. If the police found his client with a bloody ax over a body, for example, the facts are indisputable and common sense would lead a jury to conclude that his client must have committed murder. Case theory should also consider emotional factors; perhaps the client was in an abusive relationship and may have been acting in self-defense, for example.
Using this information, the lawyer can prepare a clear theory of the case, a statement setting out the arguments he will use to support his position. Prosecution and defense attorneys can use this technique to create a focal point and stick to it throughout the trial. The theory of a case will determine what arguments the attorney presents and can also play a role in deciding the order of witnesses and the presentation of evidence. The attorney may want a witness with a deep emotional impact at the end, for example, to leave those thoughts to the jury rather than dry, technical testimony about the facts.
The length of this statement depends on the complexity of the case, but is generally short. An attorney should be able to boil it down to key points that will create a solid framework for presenting the case in court. With this statement to track the trial, the attorney can also form a closing statement to repeat these points and compel the judge and jury to agree with them.
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