A trial court’s equitable power to resolve a dispute by applying the
community’s (but not the judge’s personal) notions of decency, fairness, and
shocks the conscience of the court
Phrase used when a trial judge determines
that a jury or the parties to an action acted beyond certain limits of decency
and fairness. Such a determination will be grounds for invalidating an award or
verdict of the jury or a contract or other act of the parties.