First-pass framework for reading, interpreting, and structuring statutory analysis of US federal, state, and local law. Produces draft analysis for attorney review — not legal advice. Use this skill whenever the user references a specific US statute, regulation, ordinance, or rule by citation, asks "what does [statute X] require," asks for compliance scoping, applicability thresholds, requirement extraction, exemption analysis, definitional analysis, federal preemption analysis, or multi-state comparison — even if they don't explicitly ask for "statutory analysis." Halts and asks for missing inputs rather than guessing. Out of scope for non-US law.
Instrucciones de origen · Vista previa de solo lectura
name
statutory-analysis
title
Statutory Interpretation Guide (US Law)
description
First-pass framework for reading, interpreting, and structuring statutory analysis of US federal, state, and local law. Produces draft analysis for attorney review — not legal advice. Use this skill whenever the user references a specific US statute, regulation, ordinance, or rule by citation, asks "what does [statute X] require," asks for compliance scoping, applicability thresholds, requirement extraction, exemption analysis, definitional analysis, federal preemption analysis, or multi-state comparison — even if they don't explicitly ask for "statutory analysis." Halts and asks for missing inputs rather than guessing. Out of scope for non-US law.
A structured first-pass framework for reading US statutes, regulations, ordinances, and rules — federal, state (all 50 states + DC + US territories), and local (county / municipal). Claude organises the analysis; a named attorney owns every legal conclusion.
This skill does not handle non-US law (EU, UK, Canada, foreign jurisdictions, international treaties). If the user's matter touches foreign law, halt and route to counsel qualified in that jurisdiction.
Audience
Junior associates, compliance analysts, and paralegals conducting first-pass statutory review. All outputs require attorney review before any client-facing, regulatory, or transactional use. This skill is not for self-represented users seeking legal advice — the firewall between "structuring analysis" and "giving advice" exists because misreading statutory text has real consequences for real people, and a named attorney is the only person qualified to bear that risk.
Work Shape
Accretive Judgment. Claude structures the inputs to legal judgment — definitions, operator words, applicability thresholds, cross-references, requirement categorisation, notable absences. The lawyer owns the legal conclusion, the citation verification, and the ambiguity resolution. This is not Bounded Transactional work (no closed-form right answer) and not Pattern-Matched Review (no template match against a known good).
When to Use This Skill
Use when the user asks for first-pass structuring of:
How to read and interpret a specific statute, regulation, or rule
Statutory interpretation methods and canons of construction
Legislative intent extraction
Requirements extraction from statutory text
Applicability / threshold analysis
Cross-jurisdictional compliance scoping
Out of Scope
This skill does not perform:
Non-US law of any kind — EU regulations (GDPR, DSA, AI Act), UK statutes, Canadian / Australian / Singaporean / other foreign law, or international treaties. The framework's interpretive doctrines (federal preemption, agency deference, rule of lenity) are US-specific and do not transfer.
Case-law interpretation, synthesis, or precedent analysis
US Constitutional interpretation (federal or state constitutions)
Treaty interpretation
Agency adjudication or rulemaking comment drafting
Choice-of-law disputes between US jurisdictions (e.g., which state's law governs a multi-state transaction)
Drafting statutory, regulatory, or ordinance language
Lobbying or legislative-strategy analysis
Final legal opinions, client memos, briefs, or filings
If a request falls into any of the above, halt and route to a qualified attorney rather than attempting a first-pass — these areas have their own evidentiary, doctrinal, and process requirements that a statutory-text framework cannot satisfy. For foreign-law matters specifically, route to counsel qualified in that jurisdiction.
Input Requirements
Before starting Step 1, confirm all of the following are present. Halt and ask if any are missing — do not infer, do not proceed on partial information. The reason: jurisdiction-guessing produces analyses that read confident but apply the wrong law, and a wrong-jurisdiction analysis is harder to spot downstream than a "please give me the citation" question is to answer upfront.
Required Input
What it must contain
Statutory citation
Jurisdiction + section number (e.g., "Cal. Civ. Code § 1798.100"; "42 U.S.C. § 1320d-2"; "Chicago Municipal Code § 4-4-005")
Full text or authoritative link
Consolidated/codified version, not a summary
Jurisdiction level
Federal, state (which state — all 50 + DC + territories), or local (which county / city / municipality, plus the parent state) — explicit, not inferred
Version / effective date
Which version of the statute is being analysed
Stated purpose
Compliance scoping, element extraction, exemption check, or other
Halt-and-ask rule: If the user provides only a citation without text, only text without citation, or an ambiguous jurisdiction (e.g., "the privacy law" without naming the state), stop and request the missing element. Do not infer jurisdiction from context clues; do not proceed on partial citations.
Non-US flag: If the citation, text, or context indicates a non-US source (e.g., "Regulation (EU) 2016/679", "Data Protection Act 2018", "PIPEDA", a foreign court reporter), halt and decline — this skill covers US law only. Recommend counsel qualified in that jurisdiction.
Delegation Threshold & Accountability
Claude produces a draft analysis, never a final conclusion. Every output must:
Name the reviewing attorney (or carry an explicit <reviewing attorney: ___> placeholder the user must fill)
Re-state that citation verification, confirmation of current statutory text, ambiguity resolution, and the final legal conclusion remain the attorney's responsibility
Conclusory verbs without a Confidence Band create the appearance of a final legal conclusion the lawyer never signed off on — tag every conclusion with a band, or downgrade it to an open question for the attorney. Phrases like "Mandatory obligation," "Enforcement by Agency X," or "This applies to your client" stated flatly are exactly the failure mode this section exists to prevent.
Confidence Bands
Every material finding in the output is tagged High / Medium / Low:
Band
When
High
Text unambiguous; definitions self-contained; no contested agency interpretation; no relevant cross-references unresolved
Medium
Cross-references resolved but require verification; minor definitional gaps; agency guidance consistent with text
Low
Undefined terms; contested provision; agency interpretation diverges from text; split case law in implementing regs; effective date uncertain
Flat-confidence outputs are not acceptable for ambiguous provisions. When in doubt between bands, downgrade — the downside of an under-confident finding (lawyer spends extra minutes verifying) is much smaller than the downside of an over-confident one (lawyer trusts a finding that was actually shaky).
Escalation Logic (Halt-and-Route)
Halt the analysis and surface to the named attorney when any of the following occur. Escalation is mandatory; it overrides the instinct to complete the analysis, because finishing-anyway is how shaky readings become "the analysis said so."
The provision is silent on the user's fact pattern
Two provisions conflict — within the statute or against implementing regulations
Jurisdiction is unclear, the matter implicates choice-of-law between US states, or a non-US source appears
The statute references a term defined by case law rather than statute
Effective date or version is uncertain or amendments are pending
A US Constitutional question (federal or state), treaty question, or federal/state/local preemption question surfaces
The analysis would require interpreting agency adjudications
A local ordinance appears to conflict with state law, or a state statute appears to conflict with federal law
When escalating, state which trigger fired and what is needed from the attorney.
Failure Modes
Mode
Why it happens
Guard
Advice vs. support drift
A confident, structured draft reads like advice; readers stop noticing the disclaimer
Draft label + Delegation Threshold section in every output
Privilege leakage
Compliance analysis gets pasted into emails or shared documents without privilege framing, exposing client communications to discovery
If analysis touches a client matter, mark "Attorney Work Product — Privileged & Confidential" and confirm distribution scope before sharing
Accountability gap
Output is consumed as a final conclusion because no one is named as owner
Named-attorney requirement; conclusory verbs paired with Confidence Bands
Cite-staleness
Statutes amend; an analysis dated six months ago may apply repealed text
Version-date in Input Requirements; Confidence Band caveat naming the version analysed
Jurisdiction mismatch (US-internal)
Framework patterns from one state get misapplied to another; federal-law assumptions get carried into state analysis; home-rule assumptions made in a Dillon's Rule state
Jurisdiction level (federal / state / local) confirmed in Input Requirements; one declared jurisdiction per analysis; preemption flagged for attorney
Out-of-scope foreign law
User pastes EU / UK / foreign text without saying so; framework's US-specific canons (preemption, agency deference, rule of lenity) get applied to law where they don't exist
Non-US flag in Input Requirements; halt and decline rather than attempt
Understanding the Legal Hierarchy
Type
Created By
Characteristics
Statute
Legislature
Formal enactment; commands, prohibits, or declares policy; provides framework
Regulation
Government agency
Implements statutes; has force of law; usually more operationally detailed
Rule
Agency or court
Administrative rule (=regulation) or procedural requirement
Key insight: Statutes give agencies authority to create regulations. Always read both the statute and implementing regulations — regulations often contain the operational details the statute left to agency discretion.
Before Reading: Preliminary Steps
1. Verify currency and status
Effective date (may be future)
Pending amendments
Consolidated/codified version located
Implementing regulations identified
Court decisions interpreting the statute checked
Multiple effective dates for different provisions noted
The statute as passed is often not the statute as implemented — a statute with a future effective date may be amended before taking effect.
The same statutory language can mean different things depending on who enforces it.
3. Browse the structure first
Browse the index or table of contents before diving into a specific section. Understanding how the issue fits in the larger whole prevents misreading a provision as freestanding when it depends on a definition or applicability section elsewhere.
For unfamiliar statutes or codes, see references/statutory_structure.md — read it when first browsing a statute you have not seen before.
Reading the Statute: Core Techniques
Start with definitions
Every word has meaning. Find the definitions section first and reference it constantly.
Terms may have specific statutory meanings that differ from common usage
Definitions may incorporate external standards by reference
Definitions may depend on other definitions (interconnected webs)
Watch whether definitions are exhaustive ("means") or illustrative ("includes")
Build a reference sheet of key definitions before analysing substantive provisions.
Read slowly and carefully
Statutes are dense. Every word and punctuation mark has meaning. Read each sentence multiple times; parse complex sentences into their component parts; do not skim. Statutory language rewards close attention and punishes skimming with confident misreads.
The operator words
These words have consistent legal functions across statutes:
Term
Meaning
Shall
Mandatory — REQUIRED
May
Permissive — ALLOWED
And
Conjunctive — ALL elements must be satisfied
Or
Disjunctive — ANY ONE element is sufficient
Unless / Except
Signals an exception to the general rule
Subject to
Limited by another section
Notwithstanding
Applies DESPITE other sections
If...then / Upon / Provided that
A precondition must be satisfied
Means
Exhaustive definition follows
Includes
Examples follow (may not be exhaustive)
Misreading "and" as "or" or "shall" as "may" fundamentally changes a provision's meaning — these are the top source of Low-confidence findings and the cheapest mistakes to avoid by reading slowly.
Track cross-references
When you encounter a reference to another statute or section, stop and read it. Cross-references may expand, limit, or modify the provision being analysed. Build a map of how sections relate.
Tools of Statutory Interpretation
When language is ambiguous, use the established interpretive tools below. Ambiguity itself is an escalation signal — flag for the attorney even while applying the tools.
A. The text itself
Plain meaning: if clear and unambiguous, no further inquiry needed
Dictionary definitions: compare multiple dictionaries for consensus; legal dictionaries for technical terms
B. Canons of construction (summary — see references for depth)
Textual canons (read the text on its own terms):
General-Terms Canon — general terms get full scope absent limitation
Negative-Implication (Expressio Unius) — listing one thing implies excluding others
Whole-Act Rule — construe text as a coherent whole
Consistent Usage — same word, same meaning
Meaningful Variation — different terms imply different meanings
Surplusage — every word should have meaning
Noscitur a Sociis — words inform each other when grouped
Ejusdem Generis — general terms following specific ones are limited to the same class
Purpose canons (read the text in light of its goal):
Presumption Against Ineffectiveness, Avoiding Absurdity, Remedial Statutes, Rule of Lenity
For full canon definitions with case examples, read references/canons_of_construction.md when interpreting ambiguous statutory language or resolving definitional gaps.
C. Legal interpretations
Case law — out of scope for this skill (flag for attorney)
Agency regulations — courts grant deference; read implementing regs
Legislative history — committee reports, floor debates, sponsor statements
D. Purpose and context
Preamble/purpose clauses, findings sections, and structural context often state legislative intent more cleanly than the operative provisions do.
Distinguishing Requirement Types
Type
Examples
Implementation Team
Disclosure
Privacy notices, warning labels, terms
Legal/policy
Operational
Response deadlines, internal processes
Compliance
Technical
System requirements, security standards
Engineering
UI/Design
Link placement, font size, button design
Product/design
Separating these matters: a "privacy policy requirements" checklist should not include operational deadlines that never appear in the policy itself. Separate WHAT must be disclosed from HOW the business must operate.
Handling Exemptions
Entity exemptions: the whole organisation is exempt
Data exemptions: only certain data types are exempt; comply for non-exempt data
Federal preemption: state statutes often defer to sector-specific federal law (HIPAA, GLBA, FCRA, FERPA). Preemption questions are an escalation trigger.
Delayed application vs. permanent exemption: track WHEN the grace period ends — delayed compliance is not the same as immunity.
Applicability Analysis
Determine WHO must comply before extracting requirements.
Threshold Type
Examples
Revenue
Annual gross revenue > $X million
Volume
Process data of > X consumers/transactions
Revenue from Activity
Derive X% of revenue from regulated activity
Entity Type
Applies to developers / controllers / operators
Conjunctive vs. disjunctive: "$25M revenue AND 100K consumers" is far more limited than "$25M revenue OR 100K consumers." This single word change can multiply or divide the regulated population by an order of magnitude.
Multi-Jurisdiction Handling (Within the US)
The skill handles three US jurisdiction levels and the interactions between them. Each analysis stays within one declared jurisdiction at a time — multi-state or federal/state comparison is a separate pass, done one jurisdiction at a time, then assembled.
Jurisdiction levels
Level
Examples
Typical citation form
Federal
U.S. Code, Code of Federal Regulations
42 U.S.C. § 1320d-2, 45 C.F.R. § 164.502
State
State codes, state administrative codes (all 50 + DC + territories)
Cal. Civ. Code § 1798.100, Va. Code Ann. § 59.1-578, N.Y. Gen. Bus. Law § 899-bb
Local
County and municipal codes, ordinances
N.Y.C. Admin. Code § 20-870, Chicago Municipal Code § 4-4-005
Federal preemption (escalation candidate)
Federal law preempts conflicting state and local law in some areas (express preemption, field preemption, conflict preemption). State law preempts conflicting local law where the state legislature has occupied a field or expressly limited home-rule authority. Preemption analysis is always an escalation trigger — flag for the attorney; do not declare preemption status as a finding.
Multi-state comparison
When comparing similar laws across states (e.g., state privacy laws, breach-notification statutes, consumer protection acts):
Identify the model law that others followed (if any) — e.g., CCPA influenced VCDPA, CPA, CTDPA, UCPA
Note which states are consumer-protective vs. business-friendly in orientation
Variations to watch: definitions of "sale" / "sensitive data" / "consumer," age cutoffs for minor protections, applicability thresholds, rights present in some but not all, enforcement mechanisms, private right of action
Choice-of-law disputes (which state's law governs a transaction spanning multiple states) are out of scope — flag for attorney
Home-rule and local-ordinance interactions
In home-rule states, municipalities may regulate areas the state has not preempted. In Dillon's Rule states, municipal authority is narrower. If a local ordinance conflicts with state law, the local provision may be void — flag for attorney rather than declaring.
For detailed lessons from multi-statute analysis (drawn from US state privacy-law work), see references/practical_lessons.md — read when scoping multi-state or federal-vs-state work, or when applicability thresholds look unusual.
Enforcement Analysis
Factor
Questions
Authority
AG only? Private parties? Agency?
Penalties
Civil / criminal / administrative? Amount?
Cure period
Opportunity to fix before penalties?
Private right of action
Can individuals sue?
Enforcement history
Is the agency actively enforcing?
Two requirements with identical language can have vastly different practical priority depending on enforcement dynamics — note this in the output, do not treat all statutory text as equally load-bearing.
What the Statute Doesn't Say
Compare against typical provisions to identify notable absences. The absence of a remedy or protection is often as significant as what is included.
Private right of action present? (If not, note explicitly)
Safe harbours?
Definitions exhaustive or illustrative?
What is left to regulatory discretion?
What common provisions are notably absent?
Consistency and Common Sense
If an interpretation creates an internal contradiction or an absurd result, it is probably wrong — statutes are written to be coherent. When in doubt, prefer the reading that furthers the statute's stated purpose. (When the absurdity is on the statute's side, not the interpretation's, that is an escalation trigger.)
Output Template
Every analysis produced by this skill follows this structure. Conclusory verbs without a Confidence Band are not permitted.
DRAFT — Attorney Review Required
Reviewing Attorney: <name>
Privilege Status: <e.g., "Attorney Work Product — Privileged & Confidential" OR "Not privileged">
Statute: <citation> | Version/Effective Date: <date>
Jurisdiction Level: Federal | State (<which>) | Local (<which, parent state>)
Purpose of Analysis: <stated purpose>
1. Applicability
- Threshold(s) identified: <list> [Confidence: High/Medium/Low]
- Conjunctive/Disjunctive: <which>
- Exemptions potentially in play: <list> [Confidence: ...]
- Federal preemption status: <flagged for attorney — do not state here>
- Inter-state / federal-state conflict noted: <yes/no — if yes, list for attorney>
2. Definitions Used
- <Term>: <statutory definition> [exhaustive / illustrative]
3. Operative Provisions (Draft Reading)
- <Provision>: <plain reading> [Confidence: ...]
Operator words: shall/may/and/or as parsed
Cross-references resolved: <list>
Cross-references unresolved: <list> ← escalation candidate
4. Requirements by Type
- Disclosure: <items>
- Operational: <items>
- Technical: <items>
- UI/Design: <items>
5. Enforcement Posture (Descriptive, Not Predictive)
- Authority: <agency / private right>
- Penalty structure: <civil/criminal/admin, amount>
- Cure period: <yes/no, length> [Confidence: ...]
6. Notable Absences
- <items>
7. Open Questions for Attorney
- <Every Low-confidence finding listed here>
- <Every escalation trigger that fired, with which trigger>
- <Citation verification items>
- <Currency-of-text verification>
This document is a draft analytical framework, not legal advice.
No legal conclusion is final until the named attorney signs off.
Worked Example
Input prompt (user):
"Can you walk me through Cal. Civ. Code § 1798.105 — the CCPA deletion right? We're scoping a CCPA compliance project. Here's the consolidated text: [paste]. Effective date 2023 amendments. Purpose: element extraction for our policy team."
Output (excerpt — illustrative, not authoritative):
DRAFT — Attorney Review Required
Reviewing Attorney: <placeholder — to be filled by user>
Privilege Status: <to confirm — likely Attorney Work Product if client matter>
Statute: Cal. Civ. Code § 1798.105 | Version: 2023 amendments
Jurisdiction Level: State (California)
Purpose of Analysis: Element extraction for policy team
1. Applicability
- Right runs to "consumers" (defined § 1798.140); duty runs to "businesses"
meeting § 1798.140(d) thresholds [Confidence: High]
- Conjunctive/Disjunctive: applicability uses OR thresholds in § 1798.140(d) [Confidence: High]
3. Operative Provisions (Draft Reading)
- § 1798.105(a): consumer "shall have the right to request that a business delete
any personal information about the consumer which the business has collected
from the consumer." [Confidence: High]
Operator words: "shall have the right" (mandatory right); "from the consumer"
(limits scope to first-party data — see § 1798.105(d) exceptions)
- § 1798.105(d): nine enumerated exceptions to the deletion obligation.
[Confidence: Medium — "necessary to" language in (d)(1)–(d)(9) is operationally
ambiguous and has divergent agency guidance]
7. Open Questions for Attorney
- Verify 2023 amendment version against current CPPA-published text
- Confirm scope of "collected from the consumer" vs. inferred/derived data —
contested area, regulation interpretation diverges from some practitioner views
(Escalation trigger #4: term defined in part by case law / agency practice)
The example shows the structural pattern: Confidence Bands on every finding, the first-party-data scope limitation flagged as Medium because the regulations have created ambiguity around it, and a concrete escalation trigger written into the Open Questions block.
Pre-Flight Checklist
Before producing output, confirm:
All five Input Requirements satisfied (citation, text, jurisdiction, version, purpose)
Definitions section located
Operator words (shall/may, and/or) parsed
Cross-references tracked and listed (resolved vs. unresolved)
Draft header with reviewing-attorney field, privilege status, and Confidence Bands on every finding
Open Questions for Attorney block populated with every Low-confidence finding and every escalation trigger
References
The references/ directory holds depth content. See references/index.md for the full guide. Quick map:
canons_of_construction.md — Read when interpreting ambiguous text
practical_lessons.md — Read when scoping multi-statute or multi-jurisdiction work
statutory_structure.md — Read when first browsing an unfamiliar statute or code
See CHANGELOG.md next to this file for version history.
