Step 7.1 List positive and adverse facts for each element and ingredient

For each element, ingredient, and sub-ingredient, list the facts in your case that support the element, ingredient, and sub-ingredient.212 Also list the adverse facts that may disprove the element, ingredient, and sub-ingredient.213 You must include the adverse facts or you will not properly consider the potential case of your opponent.214

For example,215 if a plaintiff (P) alleged the elements of negligence (duty of care, breach, damage, etc) against a defendant driver (D) whose car hit the plaintiff's motorcycle, then you might list these elements and supporting facts:

(1) Duty of care

(a) D was the driver of the car

(b) That car collided with a motorcycle

(c) P was the driver of the motorcycle

(2) Breach of duty

(a) D was driving without care

(b) D's lack of care caused the accident

(3) Damage

(a) D suffered physical injuries

(b) D suffered financial loss

212 David Stott, Legal Research (1993) 23.

213 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) 28.

214 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).

215 We have based this example on David Stott, Legal Research (1993) 25. For a more detailed example, see Christopher S Enright, Studying Law (3rd ed, 1989) 473–6.

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