A choice is made. [fact]
The selection of a major premise, as we have emphasized before, is a value judgment. The advocate or the judge makes this value judgment. A choice is made. No unerring rules of logic dictate this important decision, which is the critical threshold, the prelude to the operation of the rules of logic.
Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide …, loc. 431