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Build the case theory
Turns your file into one sentence a juror can repeat, three pillars that prove it with record cites, and the headline fact you open on.
Your prompt
2
Pressure-test it
3
Go deeper
Before you run it
What to gather first
Watch for
What comes back
See an example of what you’ll get
*(After you answer the three questions, say, BetaCorp concedes formation and contests only repudiation and mitigation, and the worst fact is that Acme's own March invoices were 11 days late.)*
Theme phrase: "Rewrite after the work."
One-sentence theory: BetaCorp tried to rewrite the deal after Acme had already done the work. (13 words. Carries repudiation (the contested element) and nothing else.)
Pillar 1. Acme performed first, at its own cost.
- Six timely payments, Feb-Apr (Pl. Ex. 4, bank records).
- March 1 warehouse lease signed in reliance (Pl. Ex. 7).
- 30 hires onboarded in March (Pl. Ex. 9, payroll register).
Pillar 2. BetaCorp's exit was unilateral, not a negotiation.
- April 14, 2:14 a.m. email: "Cannot perform." (Pl. Ex. 12.)
- COO Vance's April 11 call demanding a "reset" (Rivera depo 47:12–48:3).
- CHRO admission that BetaCorp made no delivery offer after April 14 (Rivera depo 92:6–14).
Pillar 3. Acme covered at market and paid the difference itself.
- Three replacement-vendor invoices totaling $1.42M (Pl. Ex. C-1 to C-3).
- Procurement lead Ochoa on the 14-day timeline that made three bids the practical limit (Ochoa depo 61:2–19). [ADMISSIBILITY - confirm Ochoa is on the trial witness list.]
Headline fact: The email arrived at 2:14 a.m. and said four words: "We cannot perform. Sorry." It works on a jury because the time stamp and the brevity do the work: nobody drafts that sentence at 2 a.m. as an invitation to negotiate.
Their theory, at full strength: "These two companies had been talking about price pressure since January. Acme knew BetaCorp was underwater. The April email was one more message in a long conversation, and instead of picking up the phone, Acme ran to three new vendors and sent us the bill."
Why it fails: The email's own words are unconditional, and BetaCorp never made a single delivery offer afterward: not one, on their own witness's admission. A party still negotiating proposes terms. BetaCorp proposed nothing.
Worst fact and where it lands: Acme's March invoices went out 11 days late. Pillar 1 absorbs it: the lateness is undisputed and irrelevant to whether BetaCorp performed, and raising it first in opening takes it away from them. If they argue it excused performance, that is a first-breach defense they did not plead. [ASSUMPTION - verify BetaCorp's answer does not plead prior breach.]
What your answers changed. Your answer that BetaCorp concedes formation and contests only repudiation and mitigation is what shrank the theory to thirteen words. Without it the sentence has to carry formation too, and Pillar 1 argues that a contract existed rather than that Acme performed first. Your answer that Acme's March invoices went out 11 days late is why the last section exists and why Pillar 1 leads with the payment record; without it you get the same three pillars and an opening that walks into the lateness cold.
Why this prompt is built the way it is
## Framework
1. **One sentence.** The theory is a single sentence, 25 words or fewer, that a juror repeats at the break. "BetaCorp tried to rewrite the deal after Acme had already done the work." A person or a company is the actor; the verb assigns responsibility.
2. **Test against the contested elements.** Name the element each clause of the sentence carries. Words spent on uncontested elements are wasted words.
3. **Three pillars.** One sentence each, each proving a different aspect. Two pillars resting on the same document are one pillar.
4. **Evidence per pillar.** Two to four specific items: exhibit number, page-line cite, or admission. Anything not yet admitted gets flagged.
5. **Their theory at full strength.** State it the way their trial counsel would, then defeat it with facts they cannot dispute.
6. **Theme phrase.** Three to five words that survive repetition in opening, cross, and closing.
7. **Headline fact.** The one fact you open on, plus why it lands with this particular fact-finder.
8. **The worst fact.** Name it, and say which pillar absorbs it.