Part A:
Facts: 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 "M & M") wrote and sang a song that recommended the killing of another "that has wronged your family". In this case, an individual, Henry, killed a neighbor who had attacked Henry's sister. (Henry has been charged with murder and his case is pending before another judge. Do not worry about Harry'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 "waived a jury trial".)
Assignment:
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 judge's personal beliefs affect his or her ruling? Should a judge consider "what is best for society" 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?
Part B:
Define the following terms: (Please provide examples with each definition.)
1. Civil law
2. Case law
3. Statutes v. Ordinances
4. Florida Circuit Court
5. Venue and Jurisdiction