Module 7
Case theory and the evidence map: elements, a story the facts support, testing it against the other side’s best story and deciding what to do next and when to stop
By now you have a chronology, a cast of characters, a set of sources and some view of whom to trust. The remaining job is to bring it together. A case theory is a short, plausible account of what happened, that the facts support and that fits what the law requires. It tells you what to prove, what to look for next and what to say. To check that it holds, you map the facts to each legal element and look for the elements with nothing behind them. Then you test the theory against the best version of the other side’s story and decide, honestly, what to do next, and when to stop. This module takes you through those steps, using a simplified claim and the Element Evidence Map.
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See what is included in All-Access →General education on investigating facts and forming a case theory, using invented people, businesses, documents and events. It is not legal advice, it does not state the law of any country and it is not a substitute for your own professional code, your regulator’s guidance or the rules of your court. Do not use it as a guide to contacting witnesses, recording conversations or gathering evidence in a real matter without the advice of a qualified lawyer in the place concerned.
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