A case theory (aka
theory
A theory is a rational type of abstract thinking about a phenomenon, or the results of such thinking. The process of contemplative and rational thinking is often associated with such processes as observational study or research. Theories may ...
of
case
Case or CASE may refer to:
Containers
* Case (goods), a package of related merchandise
* Cartridge case or casing, a firearm cartridge component
* Bookcase, a piece of furniture used to store books
* Briefcase or attaché case, a narrow box to ca ...
, 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).
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. Case theory is distinguished from
jurisprudence
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...
(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 ….
he Judgeagreed to …seal the defense summary of its case theory.”
*“Working with attorneys, Capital Case Investigators will be responsible for … consulting with attorneys to develop case theories and strategies …"
References
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Practice of law