skills/borghei/claude-skills/statute-analysis

statute-analysis

Installation
SKILL.md

⚠️ 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.


Table of Contents


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.


Preliminary Steps

Before interpreting any statutory provision, complete these checks:

  1. 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).
  2. Understand the regulatory ecosystem -- What regulations, rules, and guidance implement this statute? Map the full hierarchy.
  3. Browse the full structure -- Read the table of contents, definitions section, scope provisions, and transitional articles before diving into specific sections.
  4. Identify the definitions section -- Almost all statutes define key terms. These definitions override ordinary meaning.
  5. Check effective dates -- Different provisions may have different effective dates. Map the compliance timeline.
  6. 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:

  1. Map applicable jurisdictions -- Where are your users, your entity, and your data?
  2. Identify overlapping requirements -- Many frameworks share common obligations.
  3. Find the highest common denominator -- Design for the strictest requirement that satisfies all jurisdictions.
  4. Flag conflicts -- Where requirements genuinely conflict, document the conflict and seek legal advice.
  5. 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

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

Workflow 2: Requirement Extraction and Classification

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

Workflow 3: Cross-Reference Resolution

  1. Identify all cross-references in the target provision ("subject to Article X," "as defined in Section Y").
  2. Read each referenced provision in full.
  3. Determine whether the cross-reference modifies, limits, or supplements the target provision.
  4. Check for circular references or chains (A references B which references C).
  5. Document the complete picture -- the target provision as modified by all cross-references.
  6. 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
Weekly Installs
18
GitHub Stars
103
First Seen
3 days ago