Â (20 Points)
Â Part A: (15 Points)
You are a newly appointed judge in the Florida Circuit Court. One of your first cases involves criminal charges against the famous hip-hop and rap artist, Marvin-Marvin, who won several Grammies for his music. Marvin-Marvin (hereafter referred to as â€œM & Mâ€) wrote and sang a song that recommended the killing of another â€œthat has wronged your familyâ€. In this case, an individual, Henry, killed a neighbor who had attacked Henryâ€™s sister. (Henry has been charged with murder and his case is pending before another judge. Do not worry about Harryâ€™s guilt since that case is before another judge.)
Assume you personally hate rap and hip-hop music. You believe it has no redeeming value and is not music. Assume Florida case law, in the criminal case of State v. Smith, indicates the fact finder should consider all circumstances, but (the judge) must determine what a reasonable person would do in that situation. (In this case, you are the fact finder, since the defendant, M & M, has â€œwaived a jury trialâ€.)
Â What factors should you, as a judge consider in this case? The school of realism (Page 10) is based upon an idea judges need to consider more than the law when ruling on a case. In your answer discuss prior case law precedent and the doctrine of stare decisis. Do other schools of legal interpretation affect this decision? Should a judgeâ€™s personal beliefs affect his or her ruling? Should a judge consider â€œwhat is best for societyâ€ when making a decision even if the law is different? What sources of law, including religious law, should a judge consider? What are the burdens of proof in civil and criminal cases?
Â You do not have to answer all of the above questions, nor do you need to do any outside research. Simply, what influences and factors must a judge or fact-finder consider in his or her rulings? For Assignment #1 please keep it reasonably short. (Approximately 1-2 pages.)
Part B: (5 Points)
Define the following terms: (Please provide examples with each definition.)
- Civil law
- Case law
- Statutes v. Ordinances
- Florida Circuit Court
- Venue and Jurisdiction
Since the goal is to learn legal terms, you may use the exact definitions in our textbook, or from a law dictionary or any other source. In this case only, copying word-for-word will not be considered plagiarism or you may define the above terms using your own words. Use complete sentences for Part â€œBâ€.