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BL Comm

Categories: Torts

Definition (1910 Edition)

47-56; People vy. Stewart, 7 Cal. 143; Miller v. Miller, 187 Pa. 572, 41 Atl. 277. —Conscientious scruple. A scruple against taking an oath, serving as a juror in a capital case, doing military duty, or the like, is an objection or repugnance growing out of the fact that the person believes the thing demanded of him to be morally wrong, his conscience being the sole guide to his decision; it is thus distinguished from an “objection on principle,’”? which is dictated by the reason and judgment, rather than the moral sense, and may relate only to the propriety or erpouency of the thing in question. People v. Stewart, 7 Cal. 143.—“Conscience of the court.” When an issue is sent out of chancery to be tried at law, to “inform the conscience of the court,” the meaning is that the court is to be supplied with exact and dependable information as to the unsettled or disputed questions of fact in the case, in order that it may proceed to decide it in accordance with the principles of equity and mood conscience in the light of the facts thus determined. See Watt v. Starke, 101
Source: Black's Law Dictionary, 2nd Edition (1910) — Public Domain. UK commentary and modern updates are original additions. This entry is for educational reference only and does not constitute legal advice.