In this episode, the mock trial participant learns about the basic building blocks of case theory and theme. A sound case theory forms the foundation for everything else in a trial, particularly the opening statement and closing argument.

Most of the discussion in this episode concerns case theory. A case theory comprises three interrelated parts:

  • the LEGAL theory, that is the law that entitles you to the relief you are seeking
  • the FACTUAL theory, that is the story or facts that satisfy your legal theory, and
  • the PERSUASIVE theory, that is why you should win as a matter of fairness and justice.