In case analysis, which statement best describes the step of forming a theory of the case?

• A. Immediately file a motion.
• B. Ignore new facts.
• C. Overturn decisions unilaterally.
• D. Develop an informed theory of the case based on the paralegal's assessment of the facts and law.

Answer: (D)

Forming a theory of the case means building a cohesive, evidence-based narrative that explains what happened and how the law applies to support the client’s position. This starts with a careful assessment of both the facts and the applicable law, so the theory reflects what actually occurred and what legal theories fit those facts. The theory then guides what needs to be proven, what evidence to gather, which witnesses to prepare, and which legal arguments to pursue. It should stay flexible as new information comes in, allowing updates to the narrative and strategy.

This makes it the best approach because it centers the case on a clear, defendable framework the entire team can follow—from discovery to trial. The other options describe actions that are not about building the case narrative: filing a motion immediately is a procedural step that comes after you’ve formed a theory; ignoring new facts weakens the analysis; and overturning decisions unilaterally is not how case analysis or strategy is developed.