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Simple English definitions for legal terms

shock the conscience

Read a random definition: public improvement

A quick definition of shock the conscience:

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.

A more thorough explanation:

Definition: To cause intense ethical or humanitarian discomfort. This phrase is used as an equitable standard for gauging whether:

  1. State action amounts to a violation of a person's substantive-due-process rights
  2. A jury's award is excessive
  3. A fine or jail term is disproportionate to the crime
  4. A contract is unconscionable

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:

  • A state law that allows for the execution of mentally disabled individuals would shock the conscience and violate their substantive-due-process rights.
  • If a jury awards a victim of a car accident $10 million for a minor injury, it may be considered excessive and shock the conscience of the court.
  • Imposing a life sentence for a minor traffic violation would be disproportionate to the crime and shock the conscience.
  • A contract that requires a person to give up all their legal rights without any compensation would be considered unconscionable and shock the conscience of the court.

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.

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im distracting myself by schizo-scrolling r/lawschoolamissions and every conceivable data point on this godforsaken website
it is not working
Haaa I naturally want to do that too. I’m trying to stop. They need a surgeon general’s warning on this site for perspective law students
i spend more time on here then anything else trying to rationalize that the waves from last year will match waves for this year (they won't) and that the stats of people with the same stats are indicative of my own (they aren't)
There aren't many people in my stat range so I pretty much know every result in my range after being on here for a few years
9:28
congrats on the 172 bruce
go dawgs fr
9:29
roll tide
do we foresee a fordham election day wave today (i'm delusional)
WorthlessAttractiveZombie
9:31
I think so, Jack
9:31
some people hate him. some people love him, but he a real one: https://youtu.be/w5oEqiVQcF4?t=173
9:32
[kevin oleary]
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
worthless i trust you implicitly you know what it will happen now.
WorthlessAttractiveZombie
9:34
I mean if Fordham doesn't release today I will purposefully get on a train, go to new york, and then take the stinkiest shit inside the admission office's toilet (potentially clogging it and forcing them to get a plumber)
IS IT ONLY ON MY END WHY DID THAT SEND TEN MILLION TIMES
HELLO
WorthlessAttractiveZombie
9:35
it sent a million times lol
WHAT HAPPENED
yeah i thought you were tweaking for a second
i'm so sorry everyone what the actual fuck this website hates me
WorthlessAttractiveZombie
9:35
Jack's just tweaking on LSD no biggie
to be fair this accurately represents my mental state
election day psychosis coming in hot (fordham)
usc pls pull through .....
i literally just need one A so i can relax before my ED decision
WorthlessAttractiveZombie
9:38
oh that's right USC might release
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