The importance of case theory in commercial and civil lawsuits in Mexico

The importance of case theory in commercial and civil lawsuits in Mexico

Discover how a well-structured strategy can be the key to success in commercial and civil litigation.

In commercial and civil lawsuits in Mexico, the Case Theory is a fundamental tool for ensuring effective and results-oriented defense. It is a comprehensive strategy that combines the analysis of facts, law and evidence, allowing parties to build a coherent and persuasive narrative that increases the chances of success before the judge or court.

What is Case Theory?

Case Theory is the structured and planned explanation presented by one of the parties to the trial for convince the judge of his position. This theory must be based on verifiable facts, supported by a solid legal framework and supported by admissible evidence. In other words, it is the “script” that organizes and articulates the procedural strategy.

Key Components of Case Theory

Dominion of the Facts:It is essential to have a comprehensive knowledge of the facts underlying the case. This includes:

• Conduct a thorough investigation to gather documents, testimonies and other evidence.
• Organize the facts in a clear and precise chronology.
• Identify the key facts that will be the focus of the argument.

Strong Legal Framework:Case Theory must be supported by a rigorous analysis of applicable rules and principles, including:

• The identification of relevant laws and case law.
• The subsumption, or the adjustment of facts within the regulatory framework.
• The definition of a legal strategy aligned with the client's objectives.

Building a Persuasive Narrative:

• Create a coherent and compelling story that links facts, evidence, and law.
• Present the information in a clear, concise manner and oriented to the desired result.

Evidentiary Support:The collection, organization and presentation of evidence are essential to support the theory of the case. This involves:

• Ensure that evidence is admissible and relevant.
• Present them in a way that reinforces the proposed narrative.

Importance of Case Theory in Mexico

In the Mexican judicial system, both in commercial and civil matters, lawsuits are often lengthy and complex. Case Theory allows:

• Maximize clarity before the judge: An organized and persuasive presentation makes it easier for the judge to understand the case.
• Increase credibility: By backing up arguments with clear facts, applicable law, and solid evidence, trust is built before the court.
• Optimize resources: A well-structured strategy avoids deviations and allows efforts to be focused on critical aspects of the litigation.
• Reduce risks: Identifying strengths and weaknesses early minimizes surprises during the trial and allows for better preparation.

Case Theory as a Negotiation Tool

In many commercial and civil cases, Case Theory is not only used in the trial, but also as a means to negotiate extrajudicial settlements. By presenting a compelling and substantiated narrative, the counterparty can be persuaded to reach a beneficial settlement before reaching judgment.

Conclusion

Case Theory is an essential component for successful commercial and civil lawsuits in Mexico. Its correct implementation not only increases the chances of obtaining a favorable judgment, but it also strengthens the client's trust in their legal team. In a competitive and demanding environment such as the legal one, mastering this tool is key to standing out and obtaining positive results.

Do you have any questions left? At RMG we specialize in Commercial and Civil Litigation, we are happy to support you, send an email to contacto@rmgsc.com.