Developing the Theory of the Case

What legal theory or theories apply to the fact:

• who might be named as defendant(s);

• what cause or causes of action might be raised;

• what facts are necessary and available to support each cause;

• the possible strength of each claim.

Put yourself in the place of the defendant to attempt to predict:

• how defendant might respond to each allegation contemplated;

• what facts defendant might have available to support those responses;

• what affirmative defense(s) defendant might raise;

• the possible strength of the defense(s).