Rhetoric as a skill, an art, a virtue - hard to categorize it.
Quintilian, and J.S. Watson. Institutes of Oratory.Edited by Lee Honeycutt, 2010. Kindle Electronic Edition. Book III Chapter 11.
Having identified the type of case at hand, Quintilian proceeds in an established manner. “Hermagoras thinks that we must next consider what is the question, the mode of defense, the point for judgment, the synechon, or point containing the accusation, or, as some call it, the firmamentum, or ‘foundation’ of the cause” (Quintilian III.11.1). The case at hand may deal with the facts, the motive, or any of a large variety of questions (Quintilian III.11.4). Quintilian surveys several different ways of referring to the questions at hand, noting they may differ from one culture to another (Quintilian III.11.6-8). Sometime a deed is absolutely denied, in which case the motive no longer matters (Quintilian III.11.10). Quintilian reviews various complications which are often found in disputes. The appropriate point of judgment must be identified in every case.
Quintilian admits that his discussion may allow for excessive division of concepts, but that it is necessary to illustrate the process which is not always analyzed closely (Quintilian III.11.21). In practice, it is necessary to identify the critical question in any case and deal with it (Quintilian III.11.25).