Step 7.2 List the positive and adverse evidence for each fact
For each fact that you need to establish, list the evidence that proves that fact.216 Also list the evidence that might disprove the fact.217 Following the previous example,218 for you to prove (1)(a), that D drove the car that hit P's motorcycle, you might list:
(1) The car is registered in D's name
(2) D is the only driver named on D's insurance
(3) A police officer saw D in the driver's seat when the police officer arrived at the scene
216 David Stott, Legal Research (1993) 23.
217 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).
218 We have based this example on David Stott, Legal Research (1993) 25.