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Simple English definitions for legal terms

shock the conscience

Read a random definition: hypothèque

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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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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