Theory of Case: Mock Trial Resources
A case theory is a detailed and accurate story of what occurred in the case at trial. It is how you tell the story of your side of the matter.
In a civil case, Plaintiffs must present a case theory that shows they are entitled to the relief that is sought in their Compliant. Defendants must present a case theory that shows Plaintiffs do not have enough “preponderance of the evidence” to entitle them to the relief they claimed. A preponderance of the evidence means Plaintiffs must prove to the jury their theory of the case is more true than not true. In a criminal case, the Prosecution needs to prove “beyond a reasonable doubt” that the Defendant is guilty of the alleged crimes.
Developing a Theory of the Case – Handout
Plaintiff/Prosecution’s Theory of the Case – Worksheet
Defendant/Defense’s Theory of the Case – Worksheet