The Law To Know

Free tool · Legal Research and Writing

How to Read a Statute Closely: A Statute Reader

To read a statute closely, break it into elements and work out how they are connected: are the conditions cumulative (and) or alternative (or)? Then read the small words, because they carry the logic: ‘shall’ and ‘must’ impose duties, ‘may’ gives a discretion, ‘unless’ and ‘except’ create exceptions, ‘any’ and ‘all’ set the scope, and ‘including’ usually signals a non-exhaustive list. Check the definitions section for special meanings, follow the cross-references to other sections, and look for open-textured standards such as ‘reasonable’ and for mental-state words such as ‘knowingly’. Finally, make sure that you are reading the current version, with its amendments and effective date.

Tool · Statute Reader

114 words, 7 parts, 10 key words flagged.

Parts and elements

  1. Section 12.
  2. (1) A landlord who seeks to end a tenancy for non-payment of rent shall give the tenant written notice of at least fourteen days, unless the tenant has previously given the landlord written consent to a shorter period.
  3. (2) A notice under subsection
  4. (1) is effective only if it is delivered personally or sent by registered post to the dwelling, and states the amount owed and the date by which it must be paid.
  5. (3) In this section, “dwelling” means a place used as a home, including a room in a shared house
  6. “written” includes an electronic message that can be stored and printed.
  7. (4) Nothing in this section affects section 15.

Words that carry the logic

  • shall Obligation. Mandatory: ask whether a court treats ‘shall’ as mandatory or directory in this jurisdiction.
  • unless Exception. A general rule is qualified. Ask who must prove the exception.
  • only Limiting word. Narrows the rule. Check what it modifies.
  • or ‘Or’. Alternative: ask whether any one of the items is enough.
  • and ‘And’. Cumulative: ask whether all the items are required.
  • and ‘And’. Cumulative: ask whether all the items are required.
  • must Obligation. Mandatory: ask whether a court treats ‘shall’ as mandatory or directory in this jurisdiction.
  • including Illustrative list. Probably not exhaustive. Compare with ‘means’ and ‘only’.
  • includes Illustrative list. Probably not exhaustive. Compare with ‘means’ and ‘only’.
  • and ‘And’. Cumulative: ask whether all the items are required.

Defined terms: dwelling, written

Cross-references: Section 12., subsection (1), section 15.

Questions to ask

  • The text uses both ‘and’ and ‘or’. How are the items grouped? Draw the structure and check whether each condition is cumulative or alternative.
  • There is an exception. Who has the burden of proving that it applies, and does the exception apply to the whole provision or only to part?
  • Is the verb mandatory (shall, must) or discretionary (may)? Who is subject to the duty or holds the power?
  • Is the list after ‘including’ exhaustive or illustrative? Look for ejusdem generis or a definition.
  • The text refers to other provisions (Section 12., subsection (1), section 15.). Read them: definitions and exceptions often sit there.
  • The text defines terms (dwelling, written). Check that you use the statutory meaning, not the ordinary one.
  • Who is the actor, what is the conduct, what are the circumstances and what is the consequence? Write them as a list of elements.
  • Is this the current version? Check the effective date, amendments and any pending change.

Paste a statute or a clause (an invented one, or public text you are studying). The reader splits it into elements, flags the words that carry its logic (shall, may, and, or, unless, any, including, standards and mental-state words), lists the defined terms and cross-references, and gives the questions that a careful reader asks. It reads wording, not meaning: it cannot tell you what the statute requires. Runs in your browser; nothing is stored or sent.

How to use it

  1. Paste a statute or a clause.
  2. Read the elements, and the words that carry the logic.
  3. Note the defined terms and cross-references.
  4. Answer the questions that the reader raises, then find the cases that interpret the text.

Common questions

What is the difference between ‘shall’ and ‘may’?

‘Shall’ normally imposes a duty and ‘may’ a permission or discretion, though courts in some jurisdictions treat ‘shall’ as merely directory in some contexts. Read the context.

Why do cross-references matter?

Definitions, exceptions and related rules often sit in other sections, so the meaning of one section may depend on another.

Does the tool tell me what the statute means?

No. It reads wording, and flags where you need to think. The meaning comes from the text in context, the cases and the canons of construction.

Learn the law behind the tool

This tool is part of our Legal Research and Writing course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Legal Research and Writing: Statutory Research.

More free law tools

General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.