2. The hearing of the controversy, the trial, _i.e._ the weighing of alternative claims, divides into two branches, either of which, in a given case, may be more conspicuous than the other. In the consideration of a legal dispute, these two branches are sifting the evidence and selecting the rules that are applicable; they are "the facts" and "the law" of the case. In judgment they are (_a_) the determination of the data that are important in the given case (compare the inductive movement); and (_b_) the elaboration of the conceptions or meanings suggested by the crude data (compare the deductive movement). (_a_) What portions or aspects of the situation are significant in controlling the formation of the interpretation? (_b_) Just what is the full meaning and bearing of the conception that is used as a method of interpretation? These questions are strictly correlative; the answer to each depends upon the answer to the other. We may, however, for convenience, consider them separately. [Sidenote: (_a_) by selecting what facts are evidence] (_a_) In every actual occurrence, there are many details which are part of the total occurrence, but which nevertheless are not significant in relation to the point at issue. All parts of an experience are equally present, but they are very far from being of equal value as signs or as evidences. Nor is there any tag or label on any trait saying: "This is important," or "This is trivial." Nor is intensity, or vividness or conspicuousness, a safe measure of indicative and proving value. The glaring thing may be totally insignificant in this particular situation, and the key to the understanding of the whole matter may be modest or hidden (compare p. 74). Features that are not significant are distracting; they proffer their claims to be regarded as clues and cues to interpretation, while traits that are significant do not appear on the surface at all. Hence, judgment is required _even in reference_ to the situation or event that is present to the senses; elimination or rejection, selection, discovery, or bringing to light must take place. Till we have reached a final conclusion, rejection and selection must be tentative or conditional. We select the things that we hope or trust are cues to meaning. But if they do not suggest a situation that accepts and includes them (see p. 81), we reconstitute our data, the facts of the case; for we mean, intellectually, by the facts of the case _those traits that are used as evidence in reaching a conclusion or forming a decision_. [Sidenote: Expertness in selecting evidence]