Friday, July 31, 2009

Fact of this case?

Supreme Court of Pennsylvania.


Rodger LINDH, Appellee,


v.


Janis SURMAN, Appellant.





Argued March 8, 1999.


Decided Nov. 23, 1999.


Reargument Denied Dec. 21, 1999.





Purchaser of engagement ring appealed arbitration decision that awarded ring to his former fiancee. After bench trial, the Court of Common Pleas, Allegheny County, Civil Division, No. AR 0318394, Mazur, J., entered judgment in favor of purchaser. Former fiancee appealed. The Superior Court, No. 0524PGH96, 702 A.2d 560, affirmed, and former fiancee appealed. On grant of allocatur, the Supreme Court, No. 0039 W.D. Appeal Docket 1998, Newman, J., held that purchaser was entitled to return of the ring under no-fault approach to engagement ring disputes, though he broke the engagement.





Affirmed.





Cappy, J., filed a dissenting opinion, in which Castille and Saylor, JJ., joined.





Castille filed a dissenting opinion, in which Cappy and Saylor, JJ., joined.





West Headnotes





[1] Gifts 34


191k34 Most Cited Cases


The law treats the giving of an engagement ring as a conditional gift.





[2] Gifts 34


191k34 Most Cited Cases


The giving of an engagement gift has an implied condition that the marriage must occur in order to vest title in the donee; mere acceptance of the marriage proposal is not the implied condition for the gift.





[3] Gifts 34


191k34 Most Cited Cases


Donor of engagement ring was entitled to return of the ring from former fiancee, under no-fault approach to resolution of engagement ring disputes, though he broke the engagement.





[4] Gifts 34


191k34 Most Cited Cases


A strict no-fault approach is adopted to determine engagement ring disputes, rather than a fault-based theory or a modified no-fault position, which would look at the reasons for termination of the engagement.


**643*2 Frank E. Reilly, Pittsburgh, for Janis Surman.





Joanne Ross Wilder, Pittsburgh, for Rodger Lindh.





Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.





OPINION





NEWMAN, Justice.





In this appeal, we are asked to decide whether a donee of an engagement ring must return the ring or its equivalent value when the donor breaks the engagement.





*3 The facts of this case depict a tumultuous engagement between Rodger Lindh (Rodger), a divorced, middle-aged man, and Janis Surman (Janis), the object of Rodger's inconstant affections. In August of 1993, Rodger proposed marriage to Janis. To that purpose, he presented her with a diamond engagement ring that he purchased for $17,400. Rodger testified that the price was less than the ring's market value because he was a "good customer" of the jeweler's, having previously purchased a $4,000 ring for his ex-wife and other expensive jewelry for his children. Janis, who had never been married, accepted his marriage proposal and the ring. Discord developed in the relationship between Rodger and Janis, and in October of 1993 Rodger broke the engagement and asked for the return of the ring. At that time, Janis obliged and gave Rodger the ring. Rodger and Janis attempted to reconcile. They succeeded, and Rodger again proposed **644 marriage, and offered the ring, to Janis. For a second time, Janis accepted. In March of 1994, however, Rodger called off the engagement. He asked for the return of the ring, which Janis refused, and this litigation ensued.





Rodger filed a two-count complaint against Janis, seeking recovery of the ring or a judgment for its equivalent value. The case proceeded to arbitration, where a panel of arbitrators awarded judgment for Janis. Rodger appealed to the Court of Common Pleas of Allegheny County, where a brief non-jury trial resulted in a judgment in favor of Rodger in the amount of $21,200. [FN1] Janis appealed to the Superior Court, which affirmed the trial court in a 2-1 panel decision. Judge Ford Elliott, writing for the majority, held that no-fault principles should control, and that the ring must be returned regardless of who broke the engagement, and irrespective of the reasons. In a Dissenting Opinion, Judge Schiller criticized the Majority Opinion for creating what he termed a "romantic bailment" because of its refusal to examine the actions of the donor in breaking the engagement, thereby creating a per se rule requiring the return of an engagement ring in all circumstances. *4 We granted allocatur to answer this novel question of Pennsylvania law.





FN1. The basis for the $21,200 award of the trial court was Rodger's testimony that this was the fair market value of the ring.





[1] We begin our analysis with the only principle on which all parties agree: that Pennsylvania law treats the giving of an engagement ring as a conditional gift. See Pavlicic v. Vogtsberger, 390 Pa. 502, 136 A.2d 127 (1957). In Pavlicic, the plaintiff supplied his ostensible fiancée with numerous gifts, including money for the purchase of engagement and wedding rings, with the understanding that they were given on the condition that she marry him. When the defendant left him for another man, the plaintiff sued her for recovery of these gifts. Justice Musmanno explained the conditional gift principle:


A gift given by a man to a woman on condition that she embark on the sea of matrimony with him is no different from a gift based on the condition that the donee sail on any other sea. If, after receiving the provisional gift, the donee refuses to leave the harbor,--if the anchor of contractual performance sticks in the sands of irresolution and procrastination--the gift must be restored to the donor.


Id. at 507, 136 A.2d at 130.





Where the parties disagree, however, is: (1) what is the condition of the gift (i.e., acceptance of the engagement or the marriage itself), and (2) whether fault is relevant to determining return of the ring. Janis argues that the condition of the gift is acceptance of the marriage proposal, not the performance of the marriage ceremony. She also contends that Pennsylvania law, which treats engagement gifts as implied-in-law conditional gifts, has never recognized a right of recovery in a donor who severs the engagement. In her view, we should not recognize such a right where the donor breaks off the engagement, because, if the condition of the gift is performance of the marriage ceremony, that would reward a donor who prevents the occurrence of the condition, which the donee was ready, willing, and eagerly waiting to perform.





[2] Janis first argues that the condition of the gift is acceptance *5 of the proposal of marriage, such that acceptance of the proposal vests absolute title in the donee. This theory is contrary to Pennsylvania's view of the engagement ring situation. In Ruehling v. Hornung, 98 Pa.Super. 535 (1930), the Superior Court provided what is still the most thorough Pennsylvania appellate court analysis of the problem:


It does not appear whether the engagement was broken by plaintiff or whether it was dissolved by mutual consent. It **645 follows that in order to permit a recovery by plaintiff, it would be necessary to hold that the gifts were subject to the implied condition that they would be returned by the donee to the donor whenever the engagement was dissolved. Under such a rule the marriage would be a necessary prerequisite to the passing of an absolute title to a Christmas gift made in such circumstances. We are unwilling to go that far, except as to the engagement ring.


Id. at 540 (emphasis added). This Court later affirmed that "[t]he promise to return an antenuptial gift made in contemplation of marriage if the marriage does not take place is a fictitious promise implied in law." Semenza v. Alfano, 443 Pa. 201, 204, 279 A.2d 29, 31 (1971) (emphasis added). Our caselaw clearly recognizes the giving of an engagement gift as having an implied condition that the marriage must occur in order to vest title in the donee; mere acceptance of the marriage proposal is not the implied condition for the gift.





Janis' argument that Pennsylvania law does not permit the donor to recover the ring where the donor terminates the engagement has some basis in the few Pennsylvania authorities that have addressed the matter. The following language from Ruehling implies that Janis' position is correct:


We think that it [the engagement ring] is always given subject to the implied condition that if the marriage does not take place either because of the death, or a disability recognized by the law on the part of, either party, or by breach of the contract by the donee, or its dissolution by mutual consent, the gift shall be returned.


Ruehling, 98 Pa.Super. at 540. Noticeably absent from the recital by the court of the situations where the ring must be returned is when the donor breaks the engagement. Other *6 Pennsylvania authorities also suggest that the donor cannot recover the ring when the donor breaks the engagement. See 7 Summary of Pennsylvania Jurisprudence 2d § 15:29, p. 111 ("upon breach of the marriage engagement by the donee, the property may be recovered by the donor"); 17 Pennsylvania Law Encyclopedia, "Gifts," § 9, p. 118 (citing to a 1953 common pleas court decision, "[i]f, on the other hand, the donor wrongfully terminates the engagement, he is not entitled to return of the ring").





[3] This Court, however, has not decided the question of whether the donor is entitled to return of the ring where the donor admittedly ended the engagement. In the context of our conditional gift approach to engagement rings, the issue we must resolve is whether we will follow the fault-based theory, argued by Janis, or the no-fault rule advocated by Rodger. Under a fault-based analysis, return of the ring depends on an assessment of who broke the engagement, which necessarily entails a determination of why that person broke the engagement. A no-fault approach, however, involves no investigation into the motives or reasons for the cessation of the engagement and requires the return of the engagement ring simply upon the nonoccurrence of the marriage.





The rule concerning the return of a ring founded on fault principles has superficial appeal because, in the most outrageous instances of unfair behavior, it appeals to our sense of equity. Where one fiancée has truly "wronged" the other, depending on whether that person was the donor of the ring or the donee, justice appears to dictate that the wronged individual should be allowed to keep, or have the ring returned. However, the process of determining who is "wrong" and who is "right," when most modern relationships are complex circumstances, makes the fault-based approach less desirable. A thorough fault-based inquiry would not only end with the question of who terminated the engagement, but would also examine that person's reasons. In some instances the person who terminated the engagement may have been entirely justified in his or her actions. **646 This kind of inquiry would invite the parties to stage the most bitter and unpleasant *7 accusations against those whom they nearly made their spouse, and a court would have no clear guidance with regard to how to ascertain who was "at fault." The Supreme Court of Kansas recited the difficulties with the fault-based system:


What is fault or the unjustifiable calling off of an engagement? By way of illustration, should courts be asked to determine which of the following grounds for breaking an engagement is fault or justified? (1) The parties have nothing in common; (2) one party cannot stand prospective in-laws; (3) a minor child of one of the parties is hostile to and will not accept the other party; (4) an adult child of one of the parties will not accept the other party; (5) the parties' pets do not get along; (6) a party was too hasty in proposing or accepting the proposal; (7) the engagement was a rebound situation which is now regretted; (8) one party has untidy habits that irritate the other; or (9) the parties have religious differences. The list could be endless.


Heiman v. Parrish, 262 Kan. 926, 942 P.2d 631, 637 (1997).





A ring-return rule based on fault principles will inevitably invite acrimony and encourage parties to portray their ex-fiancées in the worst possible light, hoping to drag out the most favorable arguments to justify, or to attack, the termination of an engagement. Furthermore, it is unlikely that trial courts would be presented with situations where fault was clear and easily ascertained and, as noted earlier, determining what constitutes fault would result in a rule that would defy universal application.





The approach that has been described as the modern trend is to apply a no-fault rule to engagement ring cases. See Vigil v. Haber, 888 P.2d at 455 (N.M.1994). Courts that have applied no-fault principles to engagement ring cases have borrowed from the policies of their respective legislatures that have moved away from the notion of fault in their divorce statutes. See, e.g., Vigil, supra (relying on the New Mexico legislature's enactment of the first no-fault divorce statute); Aronow v. Silver, 223 N.J.Super. 344, 538 A.2d 851 (1987) (noting New Jersey's approval of no-fault divorce). As described by the court in Vigil, this trend represents a move *8 " towards a policy that removes fault-finding from the personal-relationship dynamics of marriage and divorce." Vigil, 888 P.2d at 457. Indeed, by 1986, with the passage by the South Dakota legislature of no-fault divorce provisions, all fifty states had adopted some form of no-fault divorce. Doris Jonas Freed %26amp; Timothy B. Walker, Family Law in the Fifty States: An Overview, 19 Fam. L.Q. 331, 335 (1986). Pennsylvania, no exception to this trend, recognizes no-fault divorces. [FN2] See 23 Pa.C.S. § 3301 (c), (d). We agree with those jurisdictions that have looked towards the development of no-fault divorce law for a principle to decide engagement ring cases, and the inherent weaknesses in any fault-based system lead us to adopt a no-fault approach to resolution of engagement ring disputes.





FN2. The Superior Court explained the rationale behind the legislature's enactment, in 1980, of provisions for no-fault divorce:


we emphasize that the purpose of the legislature's enactment of no-fault provisions in divorce in addition to the traditional fault provisions was to provide for dissolution of marriage in a manner which would keep pace with contemporary social realities and not to advance "the vindication of private rights or the punishment of matrimonial wrongs."


Jayne v. Jayne, 443 Pa.Super. 664, 674, 663 A.2d 169, 174 (1995) (citations omitted).





Having adopted this no-fault principle, we still must address the original argument that the donor should not get return of the ring when the donor terminates the engagement. Such a rule would be consonant with a no-fault approach, it is argued, because it need not look at the reasons for termination of the engagement; if there is proof that the donor ended the relationship, **647 then he has frustrated the occurrence of the condition and cannot benefit from that. In other words, we are asked to adopt a no-fault approach that would always deny the donor return of the ring where the donor breaks the engagement.





[4] We decline to adopt this modified no-fault position, [FN3] and hold that the donor is entitled to return of the ring even if *9 the donor broke the engagement. We believe that the benefits from the certainty of our rule outweigh its negatives, and that a strict no-fault approach is less flawed than a fault-based theory or modified no-fault position. [FN4]





FN3. The modified no-fault position is no more satisfactory than a strict no-fault system because it, too, would create an injustice whenever the donor who called off the wedding had compelling reasons to do so.





FN4. Although other "scenarios" related to the consequences of a cancelled wedding can undoubtedly be "envisioned," they are not presented for decision in this case and therefore warrant no comment.





We affirm the Order of the Superior Court.





Justice CAPPY files a dissenting opinion in which Justices CASTILLE and SAYLOR join.





Justice CASTILLE files a dissenting opinion in which Justices CAPPY and SAYLOR join.





CAPPY, Justice, dissenting.





The majority advocates that a strict no-fault policy be applied to broken engagements. In endorsing this view, the majority argues that it is not only the modern trend but also the approach which will eliminate the inherent weaknesses of a fault based analysis. According to the majority, by adopting a strict no fault approach, we will remove from the courtroom the necessity of delving into the inter-personal dynamics of broken engagements in order to decide which party retains possession of the engagement ring. This view brings to mind the words of Thomas Campbell from The Jilted Nymph: "Better be courted and jilted than never be courted at all." As I cannot endorse this approach, I respectfully dissent.





An engagement ring is a traditional token of the pledge to marry. It is a symbol of nuptial intent dating back to AD 860. The engagement ring was to be of a valued metal representing a financial sacrifice for the husband to be. Two other customs regarding the engagement ring were established in that same century: forfeiture of the ring by a man who reneged on a marriage pledge; surrender of the ring by the woman who broke off an engagement. See Charles Panati, Extraordinary Origins of Everyday Things (copyright 1987). This concept is consistent with conditional gift law, which has always been followed in Pennsylvania. Stanger v. Epler, 382 Pa. 411, 115 A.2d 197 (1955); Ruehling v. Hornung, 98 Pa.Super. 535 (1930); C.J.S. Gifts § 61. *10 When the marriage does not take place the agreement is void and the party who prevented the marriage agreement from being fulfilled must forfeit the engagement ring. Pavlicic v. Vogtsberger, 390 Pa. 502, 136 A.2d 127 (1957).





The majority urges adoption of its position to relieve trial courts from having the onerous task of sifting through the debris of the broken engagement in order to ascertain who is truly at fault and if there lies a valid justification excusing fault. Could not this theory justifying the majority's decision be advanced in all other arenas that our trial courts must venture? Are broken engagements truly more disturbing than cases where we ask judges and juries to discern possible abuses in nursing homes, day care centers, dependency proceedings involving abused children, and criminal cases involving horrific, irrational injuries to innocent victims? The subject matter our able trial courts address on a daily basis is certainly of equal sordidness as any fact pattern they **648 may need to address in a simple case of who broke the engagement and why.





I can envision a scenario whereby the prospective bride and her family have expended thousands of dollars in preparation for the culminating event of matrimony and she is, through no fault of her own, left standing at the altar holding the caterer's bill. To add insult to injury, the majority would also strip her of her engagement ring. Why the majority feels compelled to modernize this relatively simple and ancient legal concept is beyond the understanding of this poor man.





Accordingly, as I see no valid reason to forgo the established precedent in Pennsylvania for determining possession of the engagement ring under the simple concept of conditional gift law, I cannot endorse the modern trend advocated by the majority. Respectfully, I dissent.





Justices CASTILLE and SAYLOR join this dissenting opinion.





*11 CASTILLE, Justice, dissenting.





I dissent from the majority's opinion because I do not believe that a no-fault policy should be applied to broken engagements and the issue of which party retains the engagement ring. The Restatement of Restitution, § 58 comment c, discusses the return of engagement rings and states that:


Gifts made in the hope that a marriage or contract of marriage will result are not recoverable, in the absence of fraud. Gifts made in anticipation of marriage are not ordinarily expressed to be conditional and, although there is an engagement to marry, if the marriage fails to occur without the fault of the donee, normally the gift cannot be recovered. If, however, the donee obtained the gift fraudulently or if the gift was made for a purpose which could be obtained only by the marriage, a donor who is not himself at fault is entitled to restitution if the marriage does not take place, even if the gift was money. If there is an

Fact of this case?
Well... I'm waiting!!! Politely!





Have a polite day!
Reply:What case?
Reply:Yes....??? I ask in a questioning tone.
Reply:We have listen to so much propagada that ego refuses to let us be civil.


Microsoft IIS File Contention?

Hi All,


I am breaking my head for two days with a simple problem.


I have created a web method using .Net web services and I am creating a text file inside the web method. when I call the webmethod for the first time, the text file is getting created without any issues, but when I call the webmethod again,I am getting "file in use exception", while monitoring the file I found out that the file is being used by aspnet_wp.exe process.





The IIS process is holding the text file untill it is restarted, Please find the code snipet below :


[WebMethod]


public string HelloWorld()


{


try


{


File.Create(@"C:\Testing\ControlEnd.tx...


return "File created successfuly";


}


catch(Exception ex)


{


return "Error in file creation"+ex.ToString();


}


}





Could someone help me in getting this resolved?

Microsoft IIS File Contention?
I believe that File.Create returns a FileStream object, that must be closed after you are done with the file. Because you are not closing the file, the file remains open and locked.


Science help 1-10?

A) Goal





(B) Model





(C) Data





(D) Evaluation





(E) Revision





1: A car mechanic is given a 1966 Mustang to fix. The owner's complaint is that the engine runs roughly, especially when the car is accelerating. The mechanic's first guess as to the source of the problem is that the fuel mix is too rich. After adjusting the fuel mix valve, the problem persists, so the mechanic then guesses that the sparkplug advance mechanism is faulty. Replacing the sparkplug advance mechanism (the diaphragm attached to the distributor) fixes the problem, and the fixed car is returned to the owner.


A, B, C


A, C, D, E


A, B, C, D


A, B, C, D, E








2: To determine the most effective sales strategy, consumer goods retailers sometimes do experiments. These experiments help the retailer understand how people decide what to purchase. For example, the retailer can change whether a product is displayed on a high or low shelf, or can change which products are displayed nearby. The retailer then analyzes these data, and changes their product displays so as to maximize sales.


A, B, C, D, E


A, C, D


A, B, D, E


A, B, C, D








3: A wildlife biologist is put in charge of designing a strategy to maintain a population of mountain lions in West Texas. The first action taken by this biologist is to determine whether population size is increasing or decreasing, while allowing current management practices to continue. By tagging animals and monitoring the population over 10 years, the biologist discovers that the population is declining at 3% per year.


A, B, C,


A, C, D, E


A, B, C, D


A, B, C, D, E








4: Mixtures are generally separated by what methods?


Chemical


Physical


Mechanical


Optical








5: All solutions are mixtures, but not all mixtures are solutions.


Always true


Always false


True, with the exception of water


False, with the exception of water








6: As the temperature of a mixture increases, one part of the mixture may melt while the other parts remain solid.


Always true


Always false


True for all liquid mixtures


False for all liquid mixtures








7: Which of these is not a mixture?


Oil and water


Sand and water


Diet Soda


All are mixtures








8: Before the creation of the world as we know it, the earth:


Was flat


Was bright


Was empty


Was inhabited by fish men








9: How many days did it take for God to complete creating the world?


5


3


7


8








10: On the first day, God saw that the light was:


Bright


Too dim


Hot


Good

Science help 1-10?
Here's my attempt at some of the questions:


1. A, C, D, E


2. A, B, C, D, E


3. A, B, C, D


4.


5.


6.


7. Diet Soda


8. was empty


9. technically 6, as on the 7th day he rested


10. good


Please help me with these questions for 10 point each!?

Which of the following five terms below best matches the situations given in questions 1-3:





(A) Goal


(B) Model


(C) Data


(D) Evaluation


(E) Revision





Flower Parts


for questions 26 - 30.





1: A car mechanic is given a 1966 Mustang to fix. The owner's complaint is that the engine runs roughly, especially when the car is accelerating. The mechanic's first guess as to the source of the problem is that the fuel mix is too rich. After adjusting the fuel mix valve, the problem persists, so the mechanic then guesses that the sparkplug advance mechanism is faulty. Replacing the sparkplug advance mechanism (the diaphragm attached to the distributor) fixes the problem, and the fixed car is returned to the owner.





A, B, C


A, C, D, E


A, B, C, D


A, B, C, D, E





2: To determine the most effective sales strategy, consumer goods retailers sometimes do experiments. These experiments help the retailer understand how people decide what to purchase. For example, the retailer can change whether a product is displayed on a high or low shelf, or can change which products are displayed nearby. The retailer then analyzes these data, and changes their product displays so as to maximize sales.





A, B, C, D, E


A, C, D


A, B, D, E


A, B, C, D





3: A wildlife biologist is put in charge of designing a strategy to maintain a population of mountain lions in West Texas. The first action taken by this biologist is to determine whether population size is increasing or decreasing, while allowing current management practices to continue. By tagging animals and monitoring the population over 10 years, the biologist discovers that the population is declining at 3% per year.





A, B, C,


A, C, D, E


A, B, C, D


A, B, C, D, E





4: Mixtures are generally separated by what methods?





Chemical


Physical


Mechanical


Optical





5: All solutions are mixtures, but not all mixtures are solutions.





Always true


Always false


True, with the exception of water


False, with the exception of water





6: As the temperature of a mixture increases, one part of the mixture may melt while the other parts remain solid.





Always true


Always false


True for all liquid mixtures


False for all liquid mixtures





7: Which of these is not a mixture?





Oil and water


Sand and water


Diet Soda


All are mixtures





8: Before the creation of the world as we know it, the earth:





Was flat


Was bright


Was empty


Was inhabited by fish men





9: How many days did it take for God to complete creating the world?





5


3


7


8





10: On the first day, God saw that the light was:





Bright


Too dim


Hot


Good





11: In order to give light to the world, on the fourth day God created how many great lights?





1


2


3


4





12: Latin was the language of the Romans. "Gravity" comes from the Latin word "gravis". What does it mean?





Light


Heavy


Medium


Great





13: An astronaut will feel less gravitational pull on the Moon than on Earth. Therefore,





an astronaut can jump much further on the Moon


an astronaut will feel very heavy on the Moon and be unable to jump


an astronaut will jump the same distance on the Moon as on Earth


an astronaut cannot jump anywhere because the suit is too heavy





14: One of the following statements is wrong , which one?





The bigger an object, the bigger gravity force it exerts


The force of gravity is also present on the Moon


When you jump into the air, you automatically start flying


Everything is attracted to the Earth due to the force of gravity





15: The greenhouse effect is when the atmosphere warms because of





Nitrogen


Carbon dioxide


Fluorine


Oxygen





16: What is the highest of the following levels of the atmosphere?





Mesosphere


Stratosphere


Thermosphere


Troposphere





17: Denudation is





breathing in and out


a process of erosion


when volcanoes break the surface


tearing the petals off of a flower





18: Which of these mammals is the largest animal in the world?





Blue whale


Kangaroo


Elephant


None of the above





19: Which of the following do all mammals have?





Scales


Hair


Feathers


Legs





20: Bats are the only mammals that can. . .





Hang upside down


Live in haunted houses


Fly


Eat insects





21: Certain types of cancer are genetic.





True


False





22: Ethnicity is a factor in the development of skin cancer.





True


False





23: HPV, a virus that has been linked to cancer, is contagious.





True


False





24: Men cannot develop breast cancer.





True


False





25: Cancer is a group of over 500 diseases.





True


False





26: Which part holds the plant upright and transports food and water?





The roots


The stem


The filament


The sepal





27: What is the name used when the pollen and the ovule join together to make a seed?





Reproduction


Planting


Birth


Cloning





28: Which part of the plant has the male and female reproductive organs?





Flowers


Stems


Anthers


Nodes





29: The anther is which of the following?





The female part of the plant


The male part of the plant


An asexual part of the plant


Not a part of a plant





30: Pollen is produced in which of these parts of a flower?





The stem


The style


The sepal


The anther

Please help me with these questions for 10 point each!?
Normally, I'd help you. But you're asking us to do your entire homework page!
Reply:here are some of the answers. and don't dare complain that i should give more.


4. physical


9. it's actually six because God rested on the seventh day


13. ...can jump much further...


14. when you jump into the air...


15. carbon dioxide


17. a process of erosion


19. hair


20. fly


21. true


25. false


26. roots


27. reproduction


28. flowers
Reply:lol yeah wht she said haah dont be lazy:) haah i would help..but its too much to read* lazy me too ahha*


or nah.. hmm sorry cant help:(
Reply:you really should spend LESS time on the `net and MORE time "studying".


after-all , that`s what Education is all about...!





sorry , no answers from me!

salary survey

Mac G4 kernel trap CPU 0 Kernel Panic?

Unresolved kernel trap(cpu 0): 0x300 - Data access DAR=0x0000000000000000 PC=0x00000000002D1248


Latest crash info for cpu 0:


Exception state (sv=0x3C4EB500)


PC=0x002D1248; MSR=0x00009030; DAR=0x00000000; DSISR=0x40000000; LR=0x002D2250; R1=0x176D3CE0; XCP=0x0000000C (0x300 - Data access)


Backtrace:


0x002D2244 0x002EC058 0x0008C69C 0x00029234 0x000233F8 0x000ABEAC


0xFFCACACA


Proceeding back via exception chain:


Exception state (sv=0x3C4EB500)


previously dumped as "Latest" state. skipping...


Exception state (sv=0x2C919A00)


PC=0x9000B348; MSR=0x0000F030; DAR=0x0036D0E4; DSISR=0x0A000000; LR=0x9000B29C; R1=0xF0100C40; XCP=0x00000030 (0xC00 - System call)





Kernel version:


Darwin Kernel Version 8.11.0: Wed Oct 10 18:26:00 PDT 2007; root:xnu-792.24.17~1/RELEASE_PPC


panic(cpu 0 caller 0xFFFF0003): 0x300 - Data access


Latest stack backtrace for cpu 0:


Backtrace:


0x000954F8 0x00095A10 0x00026898 0x000A8204 0x000ABB80


Proceeding back via exception chain:


Exception state (sv=0x3C4EB500)


PC=0x002D1248; MSR=0x00009030; DAR=0x00000000; DSISR=0x40000000; LR=0x002D2250; R1=0x176D3CE0; XCP=0x0000000C (0x300 - Data access)


Backtrace:


0x002D2244 0x002EC058 0x0008C69C 0x00029234 0x000233F8 0x000ABEAC


0xFFCACACA


Exception state (sv=0x2C919A00)


PC=0x9000B348; MSR=0x0000F030; DAR=0x0036D0E4; DSISR=0x0A000000; LR=0x9000B29C; R1=0xF0100C40; XCP=0x00000030 (0xC00 - System call)





Kernel version:


Darwin Kernel Version 8.11.0: Wed Oct 10 18:26:00 PDT 2007; root:xnu-792.24.17~1/RELEASE_PPCModel: PowerMac3,3, BootROM 4.2.8f1, 2 processors, PowerPC G4 (2.9), 500 MHz, 1 GB


Graphics: ATI Radeon 9000 Pro, ATY,RV250, AGP, 64 MB


Memory Module: DIMM0/J21, 256 MB, SDRAM, PC133-333


Memory Module: DIMM1/J22, 256 MB, SDRAM, PC133-333


Memory Module: DIMM2/J23, 256 MB, SDRAM, PC133-333


Memory Module: DIMM3/J24, 256 MB, SDRAM, PC133-333


AirPort: AirPort, 9.52


Modem: Spring, UCJ, V.90, 6.0F, APPLE VERSION 0007, 7/31/2000


Network Service: Built-in Ethernet, Ethernet, en0


PCI Card: pci1106,3038, sppci_usbuniversal, SLOT-B


PCI Card: pci1106,3038, sppci_usbuniversal, SLOT-B


PCI Card: pci1106,3104, SLOT-B


PCI Card: firewire, ieee1394, SLOT-B


PCI Card: usb, usb, SLOT-C


PCI Card: usb, usb, SLOT-C


PCI Card: pci9005,1f, SLOT-C


Parallel ATA Device: Maxtor 4R120L0, 114.5 GB


Parallel ATA Device: WDC WD400JB-00ENA0, 37.27 GB


Parallel ATA Device: SAMSUNG SP0411N, 37.31 GB


Parallel ATA Device: TSSTcorpCD/DVDW SH-S162L


USB Device: Hub, Up to 12 Mb/sec, 500 mA


USB Device: USB RECEIVER, Logitech, Up to 1.5 Mb/sec, 100 mA


USB Device: M2452, Alps Electric, Up to 1.5 Mb/sec, 100 mA


USB Device: MP140 series, Canon, Up to 480 Mb/sec, 500 mA


USB Device: Hub, Up to 12 Mb/sec, 500 mA


USB Device: Studio Display, Up to 1.5 Mb/sec, 500 mA


FireWire Device: unknown_device, unknown_value, Up to 400 Mb/sec

Mac G4 kernel trap CPU 0 Kernel Panic?
Looks like a normal Kernal Panic. How long has it been since you ran Repair Permissions? Sometimes that helps. I have one G4 that has been having Kernal Panics since it was new (2001) and it's still going strong.


Run Repair Permissions about once a month and every time you do a system update. You find this under Applications/Utilities/Disk Utility/Repair Permissions. I keep an alias of the app on my dock so I don't have to look it up when I run it.


If they kernal panics are too frequent see if you have added anything new recently, like RAM, PCI cards, etc. If you haven't and they bother you call Apple for advice.


Warcraft 3 Error?

This application has encountered a critical error:





FATAL ERROR!





Program: c:\program files\warcraft iii\war3.exe


Exception: 0xC0000005 (ACCESS_VIOLATION) at 001B:6F042A39





The instruction at '0x6F042A39' referenced memory at '0x00000034'.


The memory could not be 'read'.





Press OK to terminate the application.





OK

Warcraft 3 Error?
try rebooting if u havent ... does ur pc have the system requirements for the game is the next question ..
Reply:Press OK.
Reply:There are a few things that would probably fix that. Try running a registry cleaner. I suggest Eusing's Free Registry Cleaner. If that doesn't fix it, you can also try to defrag. That may also help.
Reply:Try to install The world of War Craft first. I think you have installed the expasion version only.
Reply:this is memory related problem . try to increase/replace your ram
Reply:Solution: Download and install .Net framework 2 from microsoft site.
Reply:I get this error every so often as well. Depending when you get it etc it may be alot of things. What has happened is that warcraft has lost the rights to a location of memory and this is not good. Windows doesn't like programs accessing memory it's not supposed to. If it happens everytime you do something in a custom map. It's the map makers fault. If it happens randomly it's blizzards fault. Not alot you can do besides general cleaning of your computer





Yes it's called a memory leak. Happens with the best of programs. basically you have pointers that point to areas of ram so if the pointer is deleted and the data is not released you have a memory leak because that memory is still owned but unusable. The chances of it failing increase with length of a game
Reply:Lol at the guy who said reinstalling World of warcraft. WC3 and Wow are 2 different things. To answer your question, that is probably an error THAT will affect everyone in the game(all of them will DC). I have experienced it many times with my friends becuz we played too long and caused "memory leak" where by ram is being used up because we played too many games. Usually problem occurs when any ONE of the players' computer has too little ram left to be used, etc. Solution: To reboot or ban that player if you know who it was(pp those who keep lagging)^^
Reply:Go here:http://www.unitedforums.co.uk/vb/general...


Im terrified of my Aunt & Uncle's dogs?

They raise bull mastiff's and also have a German Shepard. Two of these dogs are totally out of control and have begun killing other animals. The first kill was in December of 06, it was my daughter's pot belly pig, the next they turned on one of their own, an adult female bullmastiff and killed her and most recently, they killed a 1 week old paint colt. I am just sick, I have 4 kids, ages 11 to 4 and am terrified for my kids. I called animal control, they said there is nothing they can do b/c the dogs are killing on their property (with the exception of my daughters pig)... I should have called back then. I am scared for my kids lives, they said they are keeping them locked up and are going to get rid of them, but they also said that once the colt was born they were only gonna let them out one at a time, well two of them killed the colt. Animal control said that I can legally kill them if they are on my property, please help, if they get near my kids , Im afraid it will be tolate

Im terrified of my Aunt %26amp; Uncle's dogs?
you got to kick them really hard let the know how the boss is
Reply:they have gotten the taste of blood! that is not good, you are wise to keep your kids away, I am a dog owner and I am not for putting dogs down but sometimes it may become necessary, unless you can call the dog whisperer.
Reply:Never put an animal before a human. I would not visit your aunt or uncle at their home. Tell them you do not trust their animals and until they either have them removed or placed or destroyed,whatever they choose they will have to come to your house. As Ceasar says,rules,limitations and boundaries. NO exceptions do not step foot on their property until they address this potentially fatal situation. Keep us posted.
Reply:These dogs are dangerous, and I'm surprised that your aunt and uncle are so dense that they can't see that. And I'm even more surprised that your local 'animal control' is being so cavalier about it.





Talk to your aunt and uncle- though I doubt they will listen. If that fails, contact an animal rescue organization. And while I'm not a big fan of this suggestion- tell your local law enforcement that there are dangerous animals here. It's either the dogs or your kids.
Reply:You must live close to the dogs.Well then all I can say is protect your children.The dogs are not humans KILL them if they attack.They have gotten the taste of blood.A colt is not a little animal,be very careful.Use your instinct and tell your kin folks what will happen if they frighten you and yours.Don't give them the chance be prepared...Shoot to kill.
Reply:Im sorry about your situation but this is one situation I believe the dogs should be put down unless they can get some one to train them. Sit down with them and tell them that you are afraid for your children if they have killed a colt they could kill your kids. Tell them you will not be bringing your kids over there until the dogs are removed. I would also talk to your husbands parents about it. I would get a gun and shoot them if they came on your property again. I don't like euthanasia but those dogs are dangerous and huge it won't be long until the turn on there owner. I hope you the best.
Reply:Have you spoken to your parents or your husbands parents?


I would like to think they would be just as concerned about their grandchildren as you. Let your Aunt and Uncle know that until they do the right thing with the dogs then they will not see you or your children is a social manner.


Where is your husband is all this???? They are his children too.


Keep at the local agency's until they do do something to help you.


These animals have been let to roam on their own to become wild and very dangerous.
Reply:I would be scared for my kids also, I would talk to your aunt and uncle and express to them that you are worried about the safety of your children because these dogs have become so aggressive and let them know that if they come on your property or around your kids that you will have to take matters into your own hands. Good luck I hope everything works out for you.
Reply:Wow.





This is a bad situation for you and your kids altogether. Is there anywhere you and your kids can stay in the meantime until the problem is handled?





Since animal control doesn't seem to be able to provide any help, is there any way you can file a report with the local police department?





I would even take this a step further and possibly contact an animal removal company. Explain the situation, and ask if you could pay to have the animals trapped and removed from your property to a shelter.





You may have to pay to have these animals removed, but I can't think of anything else at the moment that might be of help.





If I find anything out, I'll edit this post.





Good luck.
Reply:Wow! These Mastiff's are out of control. Sorry, I don't have and answer for you. I would definitely keep the kids away and pray your Aunt and Uncle do the right thing. These are "RED" zone dogs and if they can not be controlled then maybe destroying them is the only answer. God bless and prayers to all involved.
Reply:I don't know if any of these sites will help with the bad behaviors of these dogs.... One thing I think is definitely protect your children at any cost first and foremost. Even if that means having to shoot an extremely aggressive animal.... I am sorry to hear this and maybe contacting an animal behaviorist for them is a good idea...... From my reading I understand that animals like these have some very bad habits positively re-enforced such as saying " Go get em girl" or "Sick em" when unwanted animals have been around and that the dogs no longer can distinguish the difference between the pot bellied pig, skunk or a child unfortunately it's just another animal to chase and kill for them .... I saw an episode with Caesar Millan dealing with an aggressive animal like this and maybe contacting him he will be able to help with some advice.........


Good luck and be safe