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    Tiu, Clein Jon J. Practice Court - B

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    Tiu, Clein Jon J. Practice Court - B

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    CleinJonTiu
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    Pra

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    Tiu, Clein Jon J. Practice Court - B

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    CleinJonTiu

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    TIU, CLEIN JON J.

    Practice Court - B

    Chapter IV Theory of the Case

    Importance of the theory of the case


    Theory of the case is defined as the particular line of reasoning of either party to a suit and aims
    to bring together certain fact of the case in a logical sequence and correlate them in such a
    manner as to produce in the mind a definite result or conclusion that the advocate believes
    entitles him to the Court judgment or decree in face of such conclusion based on certain
    principles of law.
    A lawyer’s own theory is formed after studying thoroughly the facts of a given case and the
    applicable law before he can look for precedents in support thereof. It stimulates one to work and
    thereby lead him to acquire the habit of what is commonly known as using one’s head. It does
    not suppress the power of initiative that is important to every lawyer. It compels a lawyer to
    study his own case and not let others do the studying for him. The study of law is a dynamic one
    because it evolves as society evolves. A well-established doctrine today might not be acceptable
    tomorrow. It is important that a lawyer is not a mere automaton and not capable of forming new
    theories and of helping the Court set aside outdated doctrines.
    The formulated theory of the case rests the entire structure of the case in the lower court as well
    as upon appeal. The pleadings and the trial proper must be aligned with the chosen theory to
    present the case in a logical, orderly, forceful manner.

    Choice of a theory
    A problem based on the statement of facts may be capable of forming more than one theory.
    Choosing the right theory to follow is half the battle. Many cases are lost which might have won
    if they brought on different theory. It is important to carefully gather all the facts, understand the
    rules of law to avoid misapplication of legal principles. A mistake of these will produce an
    unsound theory which can be detrimental to the client’s claim or defense. Upon the lawyer’s
    success in solving, it will very often depend on the success and failure of the case.

    The provisional theory


    In the search of a sound theory of the case it is best to formulate hypothesis or provisional theory
    as a starting point for the search and application of laws and doctrines. The hypothesis must be,
    but a guess and its purpose are to give a lawyer at least a direction to the search of authorities.
    The formulation of a provisional theory requires a careful and discriminating analysis of facts
    and the more carefully this provisional hypothesis is searched the more certainly the theories
    sought be formed. Whether the hypothesis is tenable or not, the progress of a lawyer will not be
    put in vain because false hypothesis may sometimes lead to a line of authorities pointing out the
    real principle which will govern the case in its final plan.

    Law of the case


    After establishing the hypothesis, the next step is the careful and exhaustive search for
    authorities, which must be thoroughly analyzed, compared and weighed to determine their value,
    and finally an arrangement of facts and the law in logical order in relation to the established
    theory of the case.
    The preparation of law consists of:
    1. The recognition of all elements necessary to prove the cause of action.
    2. The recognition of the law governing the proof and admissions of testimony as to facts.
    3. The finding of favorable authorities which support his position.
    4. The anticipation of all propositions of law that the opponents may use to weaken the
    claim or defense.
    5. The securing of authorities which show that opponent’s contentions are not tenable nor
    well-founded in law.
    6. The preparation of outline of all questions of law involved.

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