Case theory (in law)
A case theory is “a detailed, coherent, accurate story of what occurred" involving both a legal theory and a factual theory.
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 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 …. agreed 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 …"