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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - conscience of the court
Justice is truth in action.
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Definition of conscience of the court
Definition: Conscience of the court refers to the court's power to make decisions based on fairness and justice. It is also a standard used by the court to determine if a party or jury has acted within acceptable limits.
Example: In some cases, a jury's decision to award damages may be considered excessive and "shock the conscience of the court." This means that the court believes the amount awarded is not fair or just based on the circumstances of the case.
Explanation: The example illustrates how the conscience of the court is used to ensure that decisions made by juries or parties are fair and just. If the court believes that a decision is not within acceptable limits, it has the power to overturn it and make a new decision based on its own sense of fairness and justice.
It is better to risk saving a guilty man than to condemn an innocent one.
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Simple Definition
Conscience of the Court: The court has the power to make fair and just decisions. This means that the court can decide what is right and wrong based on what is fair and just. Sometimes, if a decision made by a jury or a party is not fair or just, the court can change it. For example, if a jury gives too much money in damages, the court can say that it is not fair and change it. This is called "shocking the conscience of the court."
It is better to risk saving a guilty man than to condemn an innocent one.
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