MGT 403 Study Guide - Midterm Guide: Cross-Examination, American Arbitration Association, Federal-Question Jurisdiction
25 Dec 2017
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Document Summary
Natural law universal moral and ethical principles that are inherent in human nature and that people can discover by using their natural intelligence or reason. Legal positivism the school of jurisprudence which holds that because society requires authority, a legal and authoritarian hierarchy should exist. When a law is made, therefore, obedience is expected because authority created it. Equates law with power, a law is valid because it is a law. Historical school tradition/custom: stare decisis follow traditions, like our behavior to the behavior of those who faced similar problems in earlier time period, assume past practice was the product of careful thought. Sociological school (identification with the vulnerable) pursing legal change on the grounds that some higher law or body of moral principles connects all of use in human community. Cost-benefit analysis place monetary value on benefits of a particular law or legal decision, choosing the alternatives that maximized benefits and minimized costs.
