Cloud Law up in the clouds

27Oct/110

Case Theory

When you are going to court, you need to come up with a theory describing your case. Advocate your beliefs, stick to the point and use the law to prove your theory. Your theory should basically explain what happened or how you or your client was wronged. Explain why you should receive the verdict that you're after. You will need to state the facts, explain what happened, state the law that supports your advocacy, and ask for the verdict that you deserve.

Your case theory should contain and clearly state the outcome that you believe to be fair and just. You should explain your cause, whether or not you are defending or acting, and offer up ways to prove your theory. Stick to the point as much as possible. Your case will be strongest if you can point out one major issue as opposed to a borage of facts that could be argued. Try not to cloud the major issue at hand with useless arguments, emotions or improvable theories. Make sure that every argument and fact that you present supports that first theory that you are trying to get across.

The case theory should be supported by some sort of evidence. Only present evidence that supports your theory argument. Start with the most relevant, strongest piece of evidence and go from there. Present facts that support your theory in order of most pertinent to the weakest argument. As you go, you will need to be prepared to explain the weaker points. Have an explanation ready and offer it up before it is asked for. Encourage listeners to see your points about why certain weaker facts or pieces of evidence should still be considered in making a final decision. Offering a weak defense or cause for action without immediately acknowledging its weakness and explaining yourself can cause distrust and a lack of respect. These can be case killers.

You don't want to get emotional during a trial or advocacy. Your case theory should be presented in a way that doesn't demonstrate a depression, anger or lax attitude. Be confident and sure of yourself, but remain professional and formal. You can, however, use emotional arguments or defenses to play on the personal emotions of the judge or jury. Presenting an emotional theory can be very effective when supported by appropriate and relevant facts and evidence.

Lastly, you can help advocate your case by recognizing that there are two sides to every story. Point out your opponent's strengths and weaknesses. Try to communicate that you understand where they are coming from, but based on the facts and evidence that you are presenting, their theories should be disproved. Seeming one-sided can put off a jury and confuse them about who to trust. Not pointing out the other side's arguments can make it look like you are trying to hide from the facts that they are presenting. Use endearing or character building terms to describe your client or cause. Be sure not to put down the opposition, this tactic can seem petty and childish. Use generic terms when speaking about the opposite side.

In conclusion, you should be as precise as possible. Present only the strongest arguments and evidence. Keep your case theory in mind and bring up how each point proves the theory throughout your advocacy. Concentrate on why your theory is strong and not how your opponent is wrong. How you present yourself and your case can be as important as the facts and evidence themselves.
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