In each of the following problems, identify any ambiguous language in elements i

Question

In each of the following problems, identify any ambiguous language in elements in contention. Give broad and narrow definitions of this language, and state which side would argue which definition.

Facts: Mary is arrested for violating § 55. She is charged as a felon. She forced open the lock on the drivers side of a van at 5pm. Mary didn't know that door on the passenger side was unlocked. She went into the back of the van and fell asleep on the floor. The police arrested her after waking her up at 9 p.m. The owner of the van claims that a $20 bill is missing. Mary had a $20 bill on her, but she said it was her own.

Statue: § 55. A person who breaks and enters a dwelling at night for the purpose of stealing property therein shall be charged as a felon.

Explanation / Answer

Ambiguous elements:

The ambiguous element that Mary would argue in this case is that the passenger side door of the van was already unlocked, so she did not break open into it.

Her second contention would be Van is not a dwelling.

5 pm is evening, and it cannot be considered as night

Her last contention would be that $20 bill was her own, she did not steal anything

The owner would argue although the passenger side door was unlocked, but Mary did not enter from that door, she forced open a locked door.

She used Van for the purpose of sleeping in it, so she used the van as a dwelling unit.

She stayed in the van from 5 pm to 9 pm. 9 m is the night time. So the statute is applicable

There was $ 20 bill in the van, which could not be found anywhere else, but with Mary. So this is an evidence that she stole it.

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