What Remedy When a judge sets an impossible standard of evidence?
<p>Is there a legal term or definition to use in an appeal when a lower court judge has set an impossible standard of evidence in his decision? In a property tax appeal,a judge has ignored higher court precedents and extrapolated other decisions to effectively eliminate the possibility of proving a non uniform tax assessment rate. I would think that such a decision would be invalid on its face.</p>

<p>Such a thing might be called an "abuse of discretion", an "error of law", or a "failure to follow precedent" depending on the details. But if one is actually involved in such a case, it is highly desirable to have an experienced lawyer who will draft the appeal, using exactly the terms likely to make to point so that the higher court will accept it. Such a lawyer should know just what prior precedents are relevant and how to cite them persuasively. </p>

tax-law