Imported from borghei/claude-skills (legal/statute-analysis/SKILL.md). Install upstream with npx skills add borghei/claude-skills --skill statute-analysis. Copyright stays with the author (MIT + Commons Clause).

⚠️ EXPERIMENTAL — This skill is provided for educational and informational purposes only. It does NOT constitute legal advice. All responsibility for usage rests with the user. Consult qualified legal professionals before acting on any output.

Statute Analysis

Production-ready framework for reading, interpreting, and applying statutes, regulations, and rules. Covers the full lifecycle from identifying the legal hierarchy through extracting actionable requirements and mapping implementation obligations.

Legal Hierarchy
Preliminary Steps
Tools
Core Interpretation Techniques
Canons of Construction
Interpretation Sources
Requirement Classification
Cross-Jurisdictional Analysis
Reference Guides
Workflows
Troubleshooting
Success Criteria
Scope and Limitations
Anti-Patterns
Tool Reference

Legal Hierarchy

Understanding the source hierarchy is the foundation of statutory analysis.

Source	Created By	Authority	Example
Constitution	Sovereign/people	Supreme	U.S. Constitution, EU Treaties
Statute	Legislature	Primary legislation	GDPR, Clean Air Act, AI Act
Regulation	Executive agency	Delegated authority	FDA 21 CFR, FTC rules
Rule	Agency or court	Procedural/interpretive	Federal Rules of Civil Procedure
Guidance	Agency	Non-binding, persuasive	FDA guidance documents, CNIL guides
Case law	Courts	Binding within jurisdiction	Supreme Court precedent

Key principle: Higher sources override lower sources. Regulations cannot exceed statutory authority. Guidance cannot create new obligations not grounded in statute.

Clarify First

Before the analysis, confirm these inputs. If any is unknown or vague, ASK — do not assume:

The exact statute/regulation and its in-force version — analyzing a superseded or repealed version yields wrong obligations; verify currency before extracting anything
Your role under it — provider vs deployer, controller vs processor — determines which obligations actually bind you and which to extract
Jurisdiction(s) in scope — needed to flag cross-jurisdictional conflicts and preemption; definitions differ across regimes and must not be cross-pollinated

Stop rule: ask only the 2-3 that most change the output. If the user says "just draft it," proceed and list your assumptions at the top of the analysis.

Preliminary Steps

Before interpreting any statutory provision, complete these checks:

Verify currency and status -- Is this the current, in-force version? Check for amendments, repeals, or sunset clauses. Use official sources (government gazettes, EUR-Lex, congress.gov).
Understand the regulatory ecosystem -- What regulations, rules, and guidance implement this statute? Map the full hierarchy.
Browse the full structure -- Read the table of contents, definitions section, scope provisions, and transitional articles before diving into specific sections.
Identify the definitions section -- Almost all statutes define key terms. These definitions override ordinary meaning.
Check effective dates -- Different provisions may have different effective dates. Map the compliance timeline.
Identify your role -- Statutes impose different obligations depending on the reader's role (e.g., "provider" vs "deployer" in the EU AI Act, "controller" vs "processor" in GDPR).

Tools

Statute Keyword Analyzer

Scans statute text for operative keywords and classifies obligations, permissions, conditions, and exemptions.

# Analyze a statute file
python scripts/statute_keyword_analyzer.py --input statute.txt

# Analyze with JSON output
python scripts/statute_keyword_analyzer.py --input regulation.txt --json

# Analyze inline text
python scripts/statute_keyword_analyzer.py --text "The controller shall implement appropriate technical measures..."

# Save analysis report
python scripts/statute_keyword_analyzer.py --input statute.txt --output analysis.json

Requirement Classifier

Classifies statutory requirements by type, implementation team, enforcement mechanism, and penalty.

# Classify requirements from a JSON list
python scripts/requirement_classifier.py --input requirements.json

# Classify with JSON output
python scripts/requirement_classifier.py --input requirements.json --json

# Classify inline requirement
python scripts/requirement_classifier.py --text "Controllers must provide data subjects with a privacy notice at the point of collection"

# Generate implementation matrix
python scripts/requirement_classifier.py --input requirements.json --output matrix.json

Core Interpretation Techniques

Definitions Analysis

Statutory definitions control meaning. Pay attention to the verb used:

Verb	Type	Meaning	Example
"means"	Exhaustive	The definition is complete; no other meaning applies	"'Personal data' means any information relating to an identified or identifiable natural person"
"includes"	Illustrative	The definition provides examples but is not limited to them	"'Processing' includes collection, recording, organization, structuring..."
"does not include"	Exclusion	Explicitly carves out items from scope	"'Consumer' does not include a natural person acting in a commercial or employment context"
"refers to"	Pointer	Incorporates an external definition	"'Harmonised standard' refers to a European standard as defined in Regulation (EU) No 1025/2012"

Operative Keywords

Keyword	Classification	Legal Effect
shall	Mandatory	Creates an obligation; must be done
must	Mandatory	Same as "shall" in modern drafting
may	Permissive	Creates permission; optional
may not	Prohibitive	Creates a prohibition
and	Conjunctive	All listed items required
or	Disjunctive	Any listed item sufficient
unless	Exception	Negates the rule when condition is met
except	Exception	Carves out specific items from the rule
subject to	Conditional	Rule applies but another provision modifies it
notwithstanding	Override	This provision prevails over conflicting provisions
provided that	Condition	Adds a requirement that must be satisfied
if...then	Conditional	Trigger condition and consequence
upon	Temporal trigger	Action required when event occurs

Conjunctive vs Disjunctive Analysis

This distinction determines whether ALL conditions must be met or ANY single condition suffices.

Pattern	Reading	Practical Impact
"A, B, and C"	All three required	Must satisfy every element
"A, B, or C"	Any one sufficient	Satisfy any single element
"A, B, and/or C"	Ambiguous	Flag for clarification; analyze context
"both A and B"	Explicitly conjunctive	Must satisfy both
"either A or B"	Explicitly disjunctive	Satisfy one
Serial comma ambiguity	Context-dependent	Apply whole-act rule for consistency

Canons of Construction

See references/canons_of_construction.md for the complete 12-canon reference.

Quick Reference

Canon	Core Rule	When to Apply
General-Terms Canon	General terms get general meaning	Default interpretation
Expressio Unius	Expressing one thing excludes others	Specific lists without catchall
Whole-Act Rule	Interpret provisions consistently	Apparent conflicts between sections
Consistent Usage	Same term = same meaning throughout	Term appears multiple times
Meaningful Variation	Different terms = different meanings	Similar but distinct terms used
Surplusage Canon	Every word has meaning; no redundancy	Tempted to treat words as surplus
Noscitur a Sociis	Words known by their associates	Ambiguous term in a list
Ejusdem Generis	General follows specific = limited	"...and other similar" patterns
Against Ineffectiveness	Prefer reading that gives effect	Two possible readings
Avoiding Absurdity	Reject absurd outcomes	Literal reading produces nonsensical result
Remedial Statutes	Construe liberally	Consumer protection, safety statutes
Rule of Lenity	Ambiguity favors the regulated party	Criminal or penalty provisions

Interpretation Sources

When statutory text is ambiguous, consult sources in this order:

Priority	Source	Weight	Where to Find
1	Statutory text itself	Controlling	Official gazette, codified law
2	Definitions section	Controlling	Usually first articles/sections
3	Legislative purpose (recitals, preamble)	Strong	Preamble, "Whereas" clauses
4	Canons of construction	Strong	Legal treatises, case law
5	Case law interpreting the provision	Strong-to-moderate	Court databases
6	Agency regulations implementing statute	Moderate	Agency websites, CFR
7	Agency guidance and FAQs	Persuasive only	Agency websites
8	Legislative history	Weak (varies by jurisdiction)	Congressional record, Hansard
9	Academic commentary	Persuasive only	Legal journals

Requirement Classification

Every statutory requirement maps to an implementation category:

Type	Description	Typical Owner	Example
Disclosure	Information must be provided to someone	Legal / Compliance	Privacy notice requirements
Operational	Process or procedure must exist	Operations / Compliance	Record-keeping obligations
Technical	System capability or safeguard required	Engineering	Encryption, access controls
UI/Design	User interface must include specific elements	Product / Design	Consent mechanisms, opt-out buttons
Organizational	Governance structure or role required	Management / HR	Appointing a DPO, board oversight
Documentation	Written records must be maintained	Legal / Compliance	Impact assessments, audit trails
Reporting	Information must be submitted to authority	Legal / Compliance	Breach notification, annual reports

Cross-Jurisdictional Analysis

When requirements from multiple jurisdictions apply:

Map applicable jurisdictions -- Where are your users, your entity, and your data?
Identify overlapping requirements -- Many frameworks share common obligations.
Find the highest common denominator -- Design for the strictest requirement that satisfies all jurisdictions.
Flag conflicts -- Where requirements genuinely conflict, document the conflict and seek legal advice.
Check preemption -- Federal law may preempt state law; EU regulations may preempt member state law.

Enforcement Analysis

For each statutory requirement, assess enforcement risk:

Factor	Assessment Questions
Enforcement authority	Which agency enforces? How active are they?
Penalty types	Civil fines, criminal penalties, administrative sanctions?
Penalty severity	Fixed amounts, percentage of turnover, per-violation?
Cure periods	Is there a right to cure before penalties apply?
Private right of action	Can individuals sue for violations?
Enforcement history	Has this provision been actively enforced?
Regulatory guidance	Has the agency clarified enforcement priorities?

Reference Guides

Guide	Path	Description
Canons of Construction	`references/canons_of_construction.md`	12 canons with definitions, examples, and misapplication warnings
Statutory Structure	`references/statutory_structure.md`	How statutes are organized, effective dates, preemption, enforcement

Workflows

Workflow 1: First Reading of a New Statute

Browse the full table of contents and structure.
Read the definitions section and scope provisions.
Check effective dates and transitional provisions.
Identify your role under the statute.
Run scripts/statute_keyword_analyzer.py on the full text.
Review the obligation/permission/exception map.
Identify provisions that apply to your role.
Validation: Definitions cataloged, role identified, key obligations listed.

Workflow 2: Requirement Extraction and Classification

Extract all provisions containing "shall," "must," or mandatory language.
For each requirement, identify: who (subject), what (action), when (trigger/deadline), how (standard).
Run scripts/requirement_classifier.py on the extracted requirements.
Review the implementation matrix.
Assign each requirement to an implementation team.
Prioritize by enforcement risk and deadline.
Validation: Every mandatory provision classified, assigned, and prioritized.

Workflow 3: Cross-Reference Resolution

Identify all cross-references in the target provision ("subject to Article X," "as defined in Section Y").
Read each referenced provision in full.
Determine whether the cross-reference modifies, limits, or supplements the target provision.
Check for circular references or chains (A references B which references C).
Document the complete picture -- the target provision as modified by all cross-references.
Validation: All cross-references resolved; no orphan references.

Troubleshooting

Problem	Likely Cause	Resolution
Term not defined in statute	Legislature used ordinary meaning	Apply general-terms canon; check case law for judicial definitions
"And/or" ambiguity	Drafting imprecision	Check legislative history; apply whole-act rule; flag for legal review
Conflicting provisions	Later provision may override earlier	Check for "notwithstanding" clauses; apply later-in-time rule
Undefined threshold	Delegated to regulation	Check implementing regulations and agency guidance
Provision seems to have no effect	May be transitional or placeholder	Check effective dates and amendment history
Cross-reference to repealed section	Statute not updated after amendment	Check saving clauses; apply presumption against ineffectiveness

Success Criteria

Criterion	Target
All defined terms cataloged	100% of definitions section mapped
Obligations extracted	Every "shall/must" provision identified
Requirements classified	Each requirement has type, owner, enforcement, and priority
Cross-references resolved	No unresolved references remain
Enforcement risk assessed	Every material obligation has enforcement analysis
Implementation matrix complete	Requirements mapped to teams with timelines

Scope & Limitations

In scope: Reading and interpreting statutory text, extracting requirements, classifying obligations, applying canons of construction, mapping enforcement risk.

Out of scope: Providing legal advice, predicting court outcomes, drafting legislation, interpreting case law holdings, constitutional analysis.

Disclaimer: This skill provides a structured methodology for statutory analysis. It does not constitute legal advice. Always consult qualified legal counsel for binding interpretations.

Anti-Patterns

Anti-Pattern	Why It Fails	Better Approach
Reading a section in isolation	Statutes are interconnected; isolated reading misses cross-references, definitions, and scope limitations	Always read definitions, scope, and cross-referenced provisions before interpreting
Treating guidance as law	Agency guidance is non-binding and can change; building compliance solely on guidance creates risk	Use guidance to inform interpretation but anchor compliance to statutory text
Ignoring "what the statute doesn't say"	Silence can mean permission, delegation, or an oversight; assuming the statute covers everything leads to compliance gaps	Affirmatively check: does the statute address this scenario? If not, analyze why and what fills the gap
Applying one jurisdiction's interpretation to another	"Personal data" in GDPR is not identical to "personal information" in CCPA; cross-pollinating definitions creates errors	Analyze each statute independently using its own definitions and interpretive framework
Skipping the definitions section	Statutory definitions override ordinary meaning; missing them leads to fundamental misreadings	Always read the definitions section first, before any substantive analysis

Tool Reference

Tool	Input	Output	Use Case
`statute_keyword_analyzer.py`	Statute text file or inline text	Obligation/permission/exception map	First pass analysis of any legislative text
`requirement_classifier.py`	List of requirements (text or JSON)	Implementation matrix with types, teams, enforcement	Converting statutory obligations to actionable implementation tasks

statute-analysis

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