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Simple English definitions for legal terms

shock the conscience

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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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KnowledgeableRitzyWasp
22:34
kfc or popeyes
KnowledgeableRitzyWasp
22:34
or korean with gochujang
KnowledgeableRitzyWasp
22:35
i might order some gochujang sauce on amazon and cook some air fried chicken breast filets, they’re really good
KnowledgeableRitzyWasp
22:35
just letting you guys know :)
0:14
Where I can find the definition of the false-endowment?
11:14
@Mohammed: False-endowment?
12:05
guys, im making a public speaking with the topic of personal choice in nuisance. Can you give me what to talk about
babybunny
12:47
what does this mean? you get to pick a topic but it has to be about nuisances?
13:16
Yeah I also don’t know what this means ngl
Obtainingdreams
14:58
Do you think you can use being on the Harvard Wl to ask for more money? Like say you'll withdraw if they give you more?
16:14
@Obtainingdreams: Unlikely
16:19
If 1 in 10 Harvard waitlistees in their class of 2027 get into HLS (average A % off the HLS waitlist), the school is better served by offering that student more $ than offering the other 9 in 10 more $ than they have to and the one that gets into HLS less than they need to
what do you guys think about the HLS WL? DO you think they're gonna give out a decent amount of A's still?
17:15
no
[] ararara
17:38
Thanks JB 🦸‍♀️! For everybody out there stressing law school decisions, hang in there!
What do people think about ND
18:42
@NaughtyTeenyWeenyPebble: Looking at last cycle's stats, 16 people logged the date of their HLS waitlist offer and 6 of those were made by 5/19 (the other 10 came later). It's a small sample, and every cycle is different, but it's entirely possible more WL offers are coming
babybunny
18:52
ban me again, for old times’ sake? 😘
I deposited at Columbia but I just want to know if I should start looking for apartments or if I'm going to get an offer from harvard. so stressful
KnowledgeableRitzyWasp
20:02
you kind of have to be ready to drop everything for harvard while going forward with apartments for columbia
20:50
Is it worth writing a second LOCI for HLS?
KnowledgeableRitzyWasp
21:06
you want to write an loci about once a month
[] abbas24
22:33
best tips for studying for Lsat and Applications going into senior year? feel like im so behind but know thats just my mind
[] abbas24
22:34
also tips while having a lower than outstanding gpa? My records show great progression though
22:47
1. Spend the time on the LSAT early, if you can hit your target score this summer it will free up lots of time for essays etc. later when things are busy
22:50
2. Depending on the schools you're looking at, being at/above LSAT median can be enough. The higher you can get your GPA, the better, but half the class is going to be at/below each median - that's how medians work
22:52
If you're above a median (particularly LSAT median) and the other stat isn't way below, numbers alone won't keep you out. Past that point, softs/essays/recs are what gets you in.
22:54
YMMV, it will matter what "lower than outstanding" means (3.7? 3.3?)
22:59
And what schools you're thinking of
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