ETH 321 Course Great Wisdom / tutorialrank.com ETH 321 Course Great Wisdom / tutorialrank.com | Page 10

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is the power of a state or federal court to declare a statute
unconstitutional.
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is the power of an appellate court to reverse a decision made
in a lower court.
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is the power of a federal court to declare a state or federal
statute invalid if inconsistent with the constitution.
6In Lucy v. Zehmer, the two parties were drinking in a bar
when Lucy offers to buy Zehmer's farm. After some negotiation a
written contract was executed. Zehmer claimed that the whole
episode was only a joke and he never intended to sell the farm. The
court determined that
since the contract was written without lawyers present, it was
likely not really serious so no contract was actually formed.
•
since Zehmer claimed to be "high as a Georgia pine" and it
was only the liquor talking, there was no contract.
•
because negotiations and modifications to the written
agreement lasted between 30-40 minutes, it appeared that both
parties were serious so even if Zehmer had no objective intent to sell
the farm he is still bound by his actions and the contract was
enforceable.
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because the terms were fair, the parties are bound by the
contract regardless of their intent or capacity.
7What must Congress do first to establish an administrative
agency?
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obtain judicial approval the creation.