Developing a Case Theory

What is the first order of business in preparing a case theory?

• Developing a viable theory

• Deciding which witnesses to call

• Requesting jury instructions

• Sorting and organizing information

Why is it important to have a clear picture of the strengths and weaknesses of your case?

• To overwhelm the jury with facts and law

• To confuse the jury with irrelevant information

• To make intelligent decisions during trial

• To ignore evidence and arguments

What should the factual narrative in a case theory focus on?

• Legal arguments and technicalities

• Proximate and intervening causes

• Defendant's personal life

• What happened before, during, and after the event

Why is it important to identify the key facts in a case theory?

• To overwhelm the jury with information

• To emphasize them from the beginning of trial

• To confuse the jury with irrelevant facts

• To ignore the weight of other evidence

What must a case theory assign to the important actors and witnesses?

• Plausible motives

• Unproven allegations

• False testimonies

• Inconsistent behavior

What should a case theory contain in terms of the proper legal outcome?

• Multiple legal arguments

• Wishful thinking

• A clear statement of the desired verdict

• Concessions for weak issues

Why is it important to consider the emotional content of a case?

• To generate negative emotions in the jury

• To avoid sympathy for the client

• To minimize the negative aspects of the case

• To ignore the emotional reactions of the jury

What must a good theory do in terms of weaknesses in the case?

• Ignore them completely

• Acknowledge and explain them

• Exaggerate them to gain sympathy

• Blame the opponent for the weaknesses

What should be done with the opponent's case in a case theory?

• Attack their strengths

• Ignore their weaknesses

• Emphasize their weaknesses

• Avoid any mention of their case

What should a good case theory have as a summary?

• A detailed explanation of the legal outcome

• A list of all the key facts

• A concise summary of the case

• A comparison of the strengths and weaknesses