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THEORY, THEMES & METHODS OF PROOF

You should be able to reduce your case to a theory of the case, themes that support your theory of the case, and methods of proof by which you intend to prove your case.

THEORY OF THE CASE

Your theory of the case is your version of what happened. You will also want to sum up your theory of the case in a few words as an overall theme of the case (i.e. this is an argument not an assault). There will only be one theory of the case. If you have two versions of the events you will be impeaching yourself.

THEMES

Try to come up with themes to support your theory of the case. Your themes will usually be factual issues that support your theory of the case, and include things like motive, intent, and opportunity. Some examples of themes would be jealousy, revenge, financial interest, etc. You can have multiple themes as long as they are consistent with your theory of the case.

METHODS OF PROOF

The methods of proof refer to the way a party intends to prove their case. Attorneys should make sure they have a method of proof for their theory of the case, themes, and any prima facie case.

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Aaron Baghdadi