Section 1.29 Formulating a Working Hypothesis

• Library: Sources of Proof (2014 Ed.)

3. (§1.29) Formulating a Working Hypothesis

“The theory of the case toward which the lawyer looks may be defined as a logical arrangement of those legal principles which offer the greatest promise of successful termination of the problem confronting the lawyer.” CARLTON B. PUTNAM, HOW TO FIND THE LAW 425 (4^th ed. 1949). Both the fact theory and the legal theory are critical. They must be consistent with physical facts and natural laws, the testimony of the most credible witnesses, the experience of common men and women, and logic.

In selecting the legal theory, several principles should be noted:

· One simple fact may permit recovery under one legal theory and bar recovery under another. That one simple fact may turn up during trial unless all of the possibilities have been exhausted before trial.

· There are usually a number of possible legal theories that

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