Case theory (in law)

A case theory (aka theory of case, theory of a case, or theory of the case) is “a detailed, coherent, accurate story of what occurred" involving both a legal theory (i.e., claims/causes of action or affirmative defenses) and a factual theory (i.e., an explanation of how a particular course of events could have happened).[1]

That is, a case theory is a logical description of events that the attorney wants the judge or jury to adopt as their own perception of the underlying situation. The theory is often expressed in a story that should be compellingly probable.[2] Case theory is distinguished from jurisprudence (aka legal theory) as general theory of law not specific to a case.

Example usage
  • “Judge Taylor asked lawyers for … their theories of the case because of his unfamiliarity with it …. [The Judge] agreed to …seal the defense summary of its case theory.” [3]
  • “Working with attorneys, Capital Case Investigators will be responsible for … consulting with attorneys to develop case theories and strategies …"[4]

References
  1. "Case Theory In A Nutshell" (PDF). benchmarkinstitute.org. Retrieved October 28, 2018.
  2. Mauet, Thomas A. (1998). Trial Notebook. Aspen Publishers. pp. 12, 13. ISBN 9781567069419.
  3. Erlandson, Robert A. (March 4, 1977). "[Governor] Mandel divorce data sought: Record subpoenaed for possible use at Governor's trial". The Baltimore Sun. Retrieved August 19, 2019.
  4. "Capital Case Investigator (advertisement)". Democrat and Chronicle. Rochester, New York. August 16, 1995. Retrieved August 19, 2019.
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