Is a judge who purports to exercise exercising his authority by applying the wrong legal standards?
California, United States of America
The following excerpt is from Schabarum v. California Legislature, 60 Cal.App.4th 1205, 70 Cal.Rptr.2d 745 (Cal. App. 1998):
This is like a judge purporting to exercise discretion using the wrong criteria. In such a case we say the judge has abused that discretion because the judge applied the wrong legal standards. (See Bailey v. Taaffe (1866) 29 Cal. 422, 424.)
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