Errors are most likely to arise in formulating. [fact]
The real problem in law consists in creating proper premises, in discovering the relations enumerated in the major premise. Errors are most likely to arise in formulating the major premise. It is essential that the disjunctive members shall be exhaustively enumerated, and also that they shall exclude one another. In the law we all can slip into the fallacy of the missing disjuncts when we do not include all the alternatives in the major premise.
Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide …, loc. 948