A case theory (aka
theory
A theory is a systematic and rational form of abstract thinking about a phenomenon, or the conclusions derived from such thinking. It involves contemplative and logical reasoning, often supported by processes such as observation, experimentation, ...
of
case
Case or CASE may refer to:
Instances
* Instantiation (disambiguation), a realization of a concept, theme, or design
* Special case, an instance that differs in a certain way from others of the type
Containers
* Case (goods), a package of relate ...
, 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, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...
(aka legal theory) as general theory of law not specific to a case.
Examples of 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