The brilliance of the script lies in its sharp bifurcation. Miller structures the narrative into two distinct acts that mirror the bifurcation of the protagonist's life.
Act One: The Architect In the first half of the script, the dialogue is rapid, witty, and arrogant. Tessa is a force of nature. The writing style here is rhythmic and staccato, reflecting the adrenaline of the courtroom. Miller employs a "stream of consciousness" technique, where Tessa speaks to the audience as if they are a jury. She teaches the audience how to win, how to dissect a witness, and how to separate emotion from fact.
The language is specific, filled with legal jargon that Tessa wears like armor. We see the world through her eyes—a game to be won.
Act Two: The Witness The script pivots violently. The confidence of Act One dissolves into the fragmentation of Act Two. After Tessa is sexually assaulted, the script’s language changes. The sentences become shorter, more pained. The legal definitions she once wielded as weapons are now used against her. prima facie script
Miller writes Tessa’s dissociation with painful clarity. The script forces the audience to sit in the silence—the opposite of the verbal diarrhoea of Act One. The structural contrast highlights the hypocrisy of the system: the "perfect victim" does not exist because trauma makes people imperfect.
If element A requires "knowledge," you cannot simply say "Defendant knew." You have to say, "Defendant was present at the meeting where the plan was explained," allowing the inference of knowledge.
Even a perfect prima facie script can collapse. Avoid these errors: The brilliance of the script lies in its sharp bifurcation
1. Conflating the Script with the Verdict A prima facie case is not a "win." It is merely a ticket to continue the trial. If a judge says you have made a prima facie case, they are saying, "You have enough to survive a motion to dismiss." They are not saying you will win.
2. Forgetting the "Unless" Clause Every prima facie script is conditional. If the defense produces a legitimate affirmative defense (e.g., self-defense, statute of frauds), your prima facie script becomes irrelevant. Always anticipate the rebuttal.
3. The Evidence Gap A script is only words. If you say "Duty exists" but enter no evidence of the relationship (doctor/patient, driver/pedestrian), the judge will strike your script. Script the evidence, not just the rhetoric. A production prima facie script for a courtroom
A production prima facie script for a courtroom scene includes:
If you are a screenwriter writing a legal thriller, write the prima facie script first. It ensures your plot twist is legally viable. No judge will allow a dramatic "aha" moment if the plaintiff never established a prima facie duty in the first place.
In persuasion theory, the first frame wins. By reciting a prima facie script during opening statements, you force the judge and jury to view the evidence through your lens. If you establish that the defendant prima facie breached a contract, the defense is immediately on their heels trying to rebut the "obvious."
While every cause of action has unique elements, a well-written Prima Facie Script always contains four structural pillars. Without these, your script is just a story.