In Step 7, you will consider and incorporate the actual facts of your case.208 You will check each element and ingredient (including sub-ingredients) of the causes of action you identified in Step 6 against all these facts.209 You will describe each element and ingredient as 'present', 'absent', or 'an issue'.
You find an 'issue' when arguments exist both for the presence of the element or ingredient and against the presence of that element or ingredient.210 The 'issues' comprise the 'no-man's land—the grey areas of dispute'211 quoted above, where you must persuade the judge to decide in your favor (Steps 8, 9, and 10).
208 Graeme Blank, 'Case Analysis—The "Circles Method"', paper presented at the Qld Bar Association Ethics and Advocacy Conference, Noosa, Queensland, Australia, 5–6 March 2005 (copy on file with author); Hugh Selby and Graeme Blank, Winning Advocacy: Preparation, Questions, Argument (2nd ed, 2004) 27.
209 Christopher S Enright, Studying Law (3rd ed, 1989) 472.
210 Christopher S Enright, Studying Law (3rd ed, 1989) 472.
211 Anthony Mason, 'The Role of Counsel and Appellate Advocacy' (1984) 58 Australian Law Journal 537, 542.