Simple English definitions for legal terms
Read a random definition: general warranty
Shock the conscience: To make someone feel very uncomfortable about what is right or wrong. This phrase is used to decide if something is fair or not, like if a punishment is too harsh or if a contract is not fair. The court also uses this phrase to make decisions based on what is fair and just. For example, if a jury gives too much money in a lawsuit, the court might say it "shocks the conscience" and change the amount.
Definition: To cause intense ethical or humanitarian discomfort. This phrase is used as an equitable standard for gauging whether:
Conscience of the Court: The court's equitable power to decide issues based on notions of fairness and justice. A standard applied by the court in deciding whether a party or a jury has acted within acceptable limits. Thus, in some cases, a jury's award of damages is upset because it is said to “shock the conscience of the court.”
Examples:
These examples illustrate how the concept of "shocking the conscience" is used as a standard to determine whether certain actions or decisions are ethical and justifiable. It is a way for the court to ensure that fairness and justice are upheld in legal proceedings.