> For the complete documentation index, see [llms.txt](https://jennyrice.gitbook.io/wrd-418-legal-writing/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://jennyrice.gitbook.io/wrd-418-legal-writing/chapter-3-statutory-analysis-and-application/statutory-analysis.md). # Statutory Analysis ## 1. What are statutes?
In legal terms, when we refer to **“rules,”** we mean statutes, which are laws formally enacted by a legislative body (like Congress and other governmental bodies). The "rules" of a statute are structured and specific: they lay out conditions (elements) that must be met and the legal consequences (results) that follow. So, in statutory analysis, we first have to determine the “rule” by carefully reading and interpreting the statute itself to understand what it requires, forbids, allows, or clarifies. Statutory analysis is the process of interpreting a statute to determine what it means and how it applies in a specific situation. {% hint style="success" %} Here is an examples of a statute in Kentucky: **KRS 508.020 Assault in the second degree.** (1) A person is guilty of assault in the second degree when: (a) He intentionally causes serious physical injury to another person; or (b) He intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument; or (c) He wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. (2) Assault in the second degree is a Class C felony. {% endhint %} This statute, KRS 508.020, lays out the conditions (the specific elements) that must be met to find someone guilty of second-degree assault. It also lays out the results (the legal consequences) that follow if it is met. {% hint style="success" %} Here is an example of a federal statute: **27 U.S. Code § 215 - Labeling requirement** **(a) Statement required on container** On and after the expiration of the 12-month period following November 18, 1988, it shall be unlawful for any person to manufacture, import, or bottle for sale or distribution in the United States any alcoholic beverage unless the container of such beverage bears the following statement: ***“GOVERNMENT WARNING:** (1) According to the Surgeon General, women should not drink alcoholic beverages during pregnancy because of the risk of birth defects. (2) Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery, and may cause health problems.”.* **(b) Conspicuous and prominent location of statement on container** The statement required by subsection (a) of this section shall be located in a conspicuous and prominent place on the container of such beverage, as determined by the Secretary, shall be in type of a size determined by the Secretary, and shall appear on a contrasting background. The Secretary shall make such determinations within 90 days after November 18, 1988. {% endhint %} This statute, **27 U.S. Code § 215,** establishes the conditions or elements that must be met when labeling alcoholic beverages produced in the US. *** ## 2. What is statutory analysis? When we first look at a statute, we want to first break it down into its elements. This means we have to identify all the elements or conditions it lays out. We ask what those conditions are and what happens if they are or are not met. For example, think about this non-legal "rule" you might see in restaurants: :book-section: *If you do not wear shirt and shoes in this establishment, you will not be served.* This rule lays out three conditions or elements elements: If you do not * wear shirt * and shoes * in this establishment It also includes the results or consequences if these elements aren't met. * you will not be served. This is pretty simple example, but when it comes to actual legal statutes, the process of statutory analysis is very similar. *** ### **To begin statutory analysis, we first do the following things:** 1. **Identify the elements of the rule (i.e., "break down" the statute's elements):** What are the conditions that must be present for the statute to apply? 2. **Determine the result if all elements are met:** What is the outcome that happens when all the rule's elements/conditions are satisfied? 3. **Classify the type of result.** A statute's results might be: * **Mandatory:** requires an action. * **Prohibitory:** forbids an action. * **Discretionary:** allows action at the decision-maker’s judgment. *** ## 3. Identifying the elements of the rule ("breaking down" a statute's elements) When we broke down the "no shirt, no shoes, no service" rule above, we were breaking it down into its component parts. When analyzing a statute, we want to do the same thing. The following steps can guide you through the process: 1. **List and Number the Elements** * Elements are the specific conditions that must be present for the statute to apply. * Numbering them helps you see clearly what the law requires and makes it easier to apply to different situations. * Note words like AND, OR, EXCEPT, etc. These tell you whether *all* elements must be met or only a few. 2. **List the Result** * The result is what happens if all the elements are met. * It tells you the legal consequence: whether an action is required, forbidden, allowed, or simply recognized. 3. **List Any Exceptions** * Statutes often include exceptions or conditions that limit when the law applies. * Identifying exceptions ensures you understand situations where the law might not apply or might apply differently. {% hint style="success" %} For example, here's how we might break down KRS 508.020: ### **1. List and Number the Elements** A person is guilty of assault in the second degree when: 1. intentionally causes serious physical injury to another person or 2. intentionally causes physical injury to another person by means of a deadly weapon or a dangerous instrument or 3. wantonly causes serious physical injury to another person by means of a deadly weapon or a dangerous instrument. Notice that "or" is broken down into separate lines. This helps call attention to the fact that only *one* of the three elements must be met. ### **2. List the Result** Assault in the second degree is a Class C felony {% endhint %} *** ## 4. Legal Analysis of a Statute When talking about a specific case, statutory analysis is the process lawyers and judges use to figure out how a law (statute) applies to the facts of that case. Essentially, it’s a way to match the facts of the case to the rules of the law. We're trying to determine whether a statute applies (or doesn't) to a situation. When analyzing a case under a statute, we usually follow these steps: 1. **Break down the statute into its parts** (this is what is described above): * **Elements:** What conditions must be present for the law to apply. * **Result:** What happens if all elements are met. * **Exceptions:** Any situations where the law does not apply. 2. **Apply the statute to the facts of the case**: * Compare each element of the statute to the facts. This is where you "line up" each element to each separate fact. * Determine if the elements are satisfied. * Consider any exceptions that might change the outcome. * Reach a conclusion about whether the law was followed or violated. {% hint style="warning" %} **When lining up the elements to the facts, it's helpful to create a chart to compare them. This helps you to easily see which facts "match" the elements and which don't!** {% endhint %} *** ## **5. Example of** Legal Analysis of a Statute Statute: “A person is guilty of theft if they knowingly take property belonging to another with the intent to permanently deprive the owner, unless the property is taken under lawful claim of right.” **Step 1 – Break down the statute** * **Elements:** 1. Person knowingly takes property belonging to another. 2. Person intends to permanently deprive the owner. * **Result:** Person is guilty of theft. * **Exceptions:** Taken under lawful claim of right. **Step 2 – Apply to the facts (line up facts and elements)** **Facts of the case:** * Alice took Bob’s laptop from his desk without permission. * Alice planned to sell the laptop. | **Statute Element** | **Application to Facts** | | ------------------------------------------------------------------- | ---------------------------------------------------------------- | | **Element 1:** Person knowingly takes property belonging to another | Alice took Bob’s laptop from his desk without permission → ✅ Met | | **Element 2:** Person intends to permanently deprive the owner | Alice planned to sell the laptop → ✅ Met | | **Exception:** Property taken under lawful claim of right | Alice had no lawful claim → ❌ Not met | **What's the conclusion?** Alice is guilty of theft because all elements of the statute are satisfied and no exceptions apply. *** ## **6. A Few Words of Caution** **It's important to pay close attention to a few details when doing statutory analysis!** :rocketchat: **Every word matters** * In a statute, each word can change how the law applies. * For example, in the case of Alice and Bob, the statute says a person must “knowingly take property.” The word “knowingly” is crucial—someone who accidentally takes another person’s property would **not** meet this element. * Similarly, pay attention to connecting words like ***and, or, if, but**,* etc. These words affect how the elements relate to each other and can change the meaning of the law. * Always read each word carefully when breaking down a statute. :book: **Check for definitions** * When you read a statute, it’s important to notice whether it includes a section that defines key terms. Definitions tell you exactly how the legislature intends certain words to be understood. A statute might define **“vehicle”** to include bicycles, skateboards, and scooters—not just cars. Without checking the definition, you might misapply the law. * For example, take a look at the **Kentucky Penal Code**: [KRS Chapter 500](https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39391). Notice how it starts off with a section offering definitions used in the penal code's statutes. You might notice, for instance, that "Riot" is defined as: > "a public disturbance involving an assemblage of five (5) or morepersons which by tumultuous and violent conduct creates grave danger of damageor injury to property or persons or substantially obstructs law enforcement or othergovernment function." * By reading these definitions first, you can make sure you interpret the rest of the statute correctly.