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Jane owns and operates a store in Ann Arbor called Caring Corner, Inc. Because several of her frequent customers are immunocompromised, Jane requires all customers

Jane owns and operates a store in Ann Arbor called Caring Corner, Inc. Because several of her frequent customers are immunocompromised, Jane requires all customers to wear a face mask while inside Caring Corner. The store's face mask policy is posted on the front entrance of the store, and says:

Caring Corner's Face Mask Policy

All customers must wear a face mask (e.g., N95s, surgical masks, etc.) when inside the store. If you don't have a mask on, you are NOT permitted to enter. No trespassing!

Sam enters Caring Corner wearing a hockey mask. Jane demands that Sam leave the store for violating Caring Corner's mask policy. Sam responds snarkily, "But I'm wearing a mask!" and refuses to leave. Eventually, the Ann Arbor police department arrives; an officer escorts Sam out of the store but does not arrest him. Later, Jane sues Sam for trespass.

After conducting discovery, both parties agree that all of the material facts occurred exactly as described above. Both parties also agree that whether or not Sam's behavior amounted to trespass will depend on whose interpretation of the face mask policy is correct. Sam argues that the word "mask" could technically refer to any mask, including his hockey mask. Jane argues that, when read in context, the commonsense interpretation of "mask" refers only to personal protective equipment.

Jane requests that the judge grant summary judgment in her favor. (Note: Assume that the proper interpretation of Caring Corner's face mask policy is a question of law, rather than a dispute over a factual matter.) Which of the following statements is accurate? Select all correct answers below.

A. The judge will not grant Jane's request for summary judgment because there are no disputed issues of material fact between Jane and Sam, and so the parties must go to trial.

B. Because there are no disputed issues of material fact between Jane and Sam, the judge will grant Jane's request for summary judgment only if the judge determines that Jane's interpretation of the face mask policy is correct as a matter of law.

C. The judge will not grant Jane's request for summary judgment because Jane has failed to state a claim on which relief can be granted.

D. Even assuming there are no disputed issues of material fact, the judge will not grant Jane's request for summary judgment if the judge cannot determine which party is entitled to judgment as a matter of law.

E. The judge will grant Jane's request for summary judgment if either there is no disputed issue of material fact or if Jane is entitled to judgment as a matter of law.

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