Saturday, August 20,

2011

LSU Law
Trial Advocacy Board
Workshop
Case Analysis and
Where do I begin?
Preparation
 Seven Steps to Superior
Case Analysis and
Preparation
1. Organize the case file
Use chronologies, timelines, and topic outlines

2. Identify and Analyze Legal Issues

Substantive: List the legal elements for the
claims and defenses
Take a look at jury instructions and make sure you understand
Perform independent legal research to see if there are more
complete explanations

Procedural: You should identify admissibility

issues of key pieces of evidence
 Seven Steps to Superior
Case Analysis and
Preparation
3. Identify and analyze factual issues
Separate facts into the good, the bad, and
the downright ugly
Identify those facts that are crucial to the
case

4. Connect the facts to the law

5. Develop a theme
 Seven Steps to Superior
Case Analysis and
Preparation
6. Plan your presentation in reverse:
Think about what outcome you want and
work backwards
What will you want to get out in the end
and how will you get it out?

7. Verify the evidence

Ensure that you have the witnesses to admit
sufficient evidence to support your legal
theory, factual theory, and moral theme
Use a Check List
 Case Theory
The theory is the application of the
relevant law to the specific facts of
your case.

It forms the basis for the legal

reasons why you should win.
Why does the law says I should win?
Why are we in court?
What you want to prove really happened and
how
 Case Theory
Legal theory: What is the case legally about?
Civil or Criminal?
Burden of Proof
Negligence or Strict Liability?
1st Degree Murder or 2nd Degree Murder?
Look at the element of offenses and potential defenses
will quickly identify possible legal theories.

Factual theory: Simply your version of the

story.
What happened, how, and why?
 What is a theme?
Message of trial story that allows the jury
to react Viscerally
Make jurors WANT to argue for you during
deliberations
Shows why your side should win

Moral Underpinning:
Right v. Wrong;
Good vs. Bad

NOT: the theory of the case or an outline

of the story
 Themes give structure to
the story
Complicated facts are brought out through trial

Jurors forget details but retain impressions

Themes help trigger favorable emotional

responses

Connects facts to a moral narrative

Makes your case relatable

 Examples of themes
Examples:
Trust, greed, responsibility, control,
carelessness, selfishness, playing by the
rules, cutting corners, profit over safety,
David and Goliath, choices, easy one to
blame, but not the right one to blame,
bad things happen to good people,
accidents happen, accountability, when
you play with fire you get burned
 Use of catchy phrase
or one-liner?
Examples of corny one-liners
If it doesnt fit, you must acquit

Wheres the beef

The line between love and hate is thin, and

the defendant crossed that line

This is a case where a picture tells a

thousand words.
When you point the finger at someone else,

there are three fingers pointing back at you.

 Rule of Three
The theory is that when information is
organized in triplets people are more likely
to accept and internalize the message
contained within those three pronged
packages

Greed, money, and liesthat is what

this case is about.
Use AlliterationDeath, denial,
deception
 Developing a Case
Theme
Easy to remember
Favorable so juror will want to argue
for you
Consistent and makes senses to jury
who wants to be fair and just

Think about This is a case about

but just lose the This is case about
 How do you get a
theme?
Legal profession beats the creativity out of
you; let right brain have its freedom
Brainstormuse non-lawyers or other
students who are not on the case
(boyfriends, girlfriends, non law school
friends, your mom, etc.)
Look at language of jury instructions
dont be hyper-technical

Picasso said Good artists copy, Great

artists steal
 Examples of places to
steal
Billboards and advertisements
Newspaper Headlines
Famous quotes
Movie lines
Religious texts

Your Opponent!!!
When do you communicate
the theme?
ALWAYS
Opening
Introduce rule that you want jury to adopt
and tell your storytheme is weaved
throughout all of that.

Witnesses
Get themes reiterated by your witnesses,
especially expert
Use words/images to reiterate themes: ex.
Rules, control, knowledge, safety, choices,
responsibility
When do you communicate
the theme?
Cross-Examination
Reversal of opponents theme with
defense witness
Think about testimony of witness and
consider how it runs counter to common
experience

Closing
Make sure you and your partner have the
same Theme and Theory!!!
 Other Things to Think
About
Burden of Proof / Persuasion
Facts: Direct or Circumstantial
Credibility of Witnesses
Which Witness is best to get
information from?
Both in terms for who the jury will
believe more and who will it be easier to
illicit the info from.