BOOK VII. i. 8-11

If it requires some search to discover where the dispute really begins, we must consider what constitutes the first question.
9 The charge may be simple, as for example “Rabirius killed Saturninus,” or complex like the following: “The offense committed by Lucius Varenus falls under the law of assassination: for he procured the murder of Gaius Varenus, the wounding of Gnaeus Varenus, and also the murder of Salarius.” In the latter case there will be a number of propositions, a statement which also applies to civil suits as well. But in a complex case there may be a number of questions and bases: for instance, the accused may deny one fact, justify another, and plead technical grounds to show that a third fact is not actionable. In such cases, the pleader will have to consider what requires refutation and where that refutation should be placed.
10 As regards the prosecutor, I do not altogether disagree with Celsus, who, though no doubt in so doing he is following the practice of Cicero, insists with some vehemence on the view that the first place should be given to some strong argument, but that the strongest should be reserved to the end, while the weaker arguments should be placed in the middle, since the judge has to be moved at the beginning and forcibly impelled to a decision at the end.
11 But with the defense it is different: the strongest arguments as a rule require to be disposed of first, for fear that the judge, through having his thoughts fixed on those arguments, should regard the defense of other points with disfavor. Sometimes, however, this order is subject to alteration; for example, if the minor arguments are obviously false and the refutation of the most serious argument is a matter of some...