Introduction to Business Law and the 4th Amendment

A set of vocabulary flashcards based on lecture notes covering Thomas Hobbes' Social Contract theory and the legal principles of the 4th Amendment regarding search and seizure.

State of nature

A term in political philosophy, first used by Thomas Hobbes in his 1651 book Leviathan, describing the hypothetical condition of humanity before the creation of government.

Leviathan

The 1651 book written by Thomas Hobbes where he describes the state of nature as a "war of all against all."

Social Contract/Compact

A mechanism where people voluntarily surrender some freedoms and agree to restrictions (laws) in exchange for society or government providing protection and imposing sanctions.

4th Amendment

A section of the US Constitution that protects individuals, businesses, and corporations against unreasonable searches and seizures and requires probable cause for warrants.

Closely regulated businesses

Categories of businesses, such as auto junkyards, pawn shops, and restaurants, that are subject to warrantless searches in exchange for being licensed.

Reasoning by Analogy

The process by which lawyers and judges look for similar cases with similar facts to see how prior decisions should guide or control the result of a new case.

Precedent

A prior legal case that controls the result of a new case because it involves similar facts and rules of law.

Jacobsen v. Seattle (1983)

A legal case involving warrantless searches at a Grateful Dead concert, used to determine if such searches were "reasonable" under the 4th Amendment.

Consensual searches

A narrow exception to the warrant requirement where a person voluntarily agrees to be searched.

Stop and frisk searches

A narrow exception to the warrant requirement that is supported by "reasonable suspicion."

Hot pursuit

A legal doctrine allowing police to enter premises without a warrant if they suspect a crime and believe delay would endanger lives or lead to the escape of a perpetrator.

Standing to sue

A legal doctrine focusing on whether a prospective plaintiff can show that a personal legal interest has been invaded, requiring a real, personal stake in the outcome.

Case or Controversy Rule

The requirement that courts resolve actual real-world disputes between parties rather than giving advisory opinions on hypothetical or speculative situations.

United States v. Skipworth (1973)

A case involving a warrantless search at an airport boarding gate which established a three-part test for determining the reasonableness of a search.

Public Necessity

The first part of the Skipworth three-part test, which weighs the necessity of a search in terms of possible harm to the public.

Efficacy of the Search

The second part of the Skipworth three-part test, which considers the likelihood that the search procedure will be effective in averting potential harm.

Degree of Intrusion

The third part of the Skipworth three-part test, which evaluates the nature of the invasion into a citizen's privacy and effects.