NAME
DATE
95
Make the Argument
In order for the judge or jury to render a decision, the following are some of the questions that
must be considered:
C
ASE: 12
You Be the Judge!
You Be the Judge!
1. Did Mrs. Gallagher, as the owner of the property, have a duty to her neighbors to keep her premises safe from
dangerous conditions, in this case, her son harboring weapons? Explain.
2. Did the Defendant, Mrs. Gallagher, as the owner of the property, know that James Andrew Gallagher had
weapons in his room?
3. Should Mrs. Gallagher, as the owner of the property, have known that her son had dangerous weapons in his
room?
4. Did Mrs. Gallagher know that her son, James, was a dangerous person? Explain.
5. Did Mrs. Gallagher breach her duty of care to her neighbors by failing to inspect the premises for dangerous
conditions, i.e., guns in her son's room? Explain.
6. Could Mrs. Gallagher control her son's actions where she could demand he remove the guns from his room?
Explain.
7. Did the fact that James Gallagher harbored weapons in his room create an unreasonable risk of foreseeable
harm to the Volpes/Almontes? Explain.
For Evaluation Purposes Only