Thursday, June 10, 2010


EXCEPTION, n. A thing which takes the liberty to differ from other things of its class, as an honest man, a truthful woman, etc. "The exception proves the rule" is an expression constantly upon the lips of the ignorant, who parrot it from one another with never a thought of its absurdity. In the Latin, "Exceptio probat regulam" means that the exception tests the rule, puts it to the proof, not confirms it. The malefactor who drew the meaning from this excellent dictum and substituted a contrary one of his own exerted an evil power which appears to be immortal.

2010 Update: A burglar among thieves.


Nessa said...

Exception is the rule. Everyone is special.

k.a.gardner said...

Look everyone. Nessa left the first comment on Doug's blog today. Nessa is special.

Quack Birder said...

I take exception to this.

Nessa said...

Nessa is exceptionally special.

k.a.gardner said...

Lammy is not as special as Nessa.

tsduff said...

There are no exceptions to the rule that everybody likes to be an exception to the rule.
Charles Osgood

Hmmm - I could possibly be an exception to that rule.

Ariel the Thief said...

Doug, we are not discussing your health problems today?

k.a.gardner said...

Ariel the Thief is not as special as Quack Birder.

TLP said...

Excellent exchange on "exception" going on here.

jenn said...

There are some exceptionally exceptional people here. Except me.


I beyond exceptional. Not sure what that is...but I'm it.

the amoeba said...

I was going to say that the burgler would certainly take exception to Doug's definition. But it looks like just about everyone else has beat me to it.

But now, who's going to fence all this stuff?

Nessa said...

I am exceptionable. That's good, right?

k.a.gardner said...

No. Mrs Vanessa Kilmer is just plain annoying.

quilly said...

There is one exception here to good manners. Since I don't want it to be me, I am not saying anymore. By the way, it also isn't Nessa.

Jim said...

In law, we have rules of law. In analyzing a situation (the issue in question), finding the correct rule of law from studying the facts is first in order.
Which rule of law to use is a 'law' question to be decided by the judge. Lawyers must anticipate the correct 'law' and will argue this law to the courts (judges).
(Fact questions are decided by trial courts. Law questions—example: whether or not evidence is hearsay— are decided by the judges. Only errors made by judges in deciding law questions, not fact questions, may be appealed to the appellate courts. The courts—i.e. the judges— and not the juries decide Law questions.)

Next after decided the correct rule of law to apply to the facts it should be determined if any recognized exception for this rule applies. If so, the rule of law itself cannot be used in deciding the issue.

But if there is an exception to the exception then the rule applies.


Facts: The parties have entered into a contract for real estate and the buyer has already moved in. Now the buyer wants to back out, saying the oral (spoken) contract should have been in writing.

Application of law: Rule of law: The rule of law for contracts says that oral agreements are generally enforceable.

Exception: Here there is an exception for sale of real estate saying that these contracts must be in writing or else they are not enforceable.

Exception to the exception: There is an exception to the exception for this exception saying that if either of the parties have performed then the exception does not apply; therefore the general rule of law which says that oral contracts are enforceable applies.

Since moving in means acceptance and performance on the contract have been met then according to this last rule the person cannot back out because this contract does not have to be in writing.
Some students love business law and accept it as a challenge. Others think it is hard, mostly because of having to learn all the rules and exceptions and exceptions to the exceptions.
The latter say it makes no sense but I say it is all so logical that most all of the principals of business law could be flow charted.

Jim said...

I have three girl friends who comment on Doug's blog. In other words, I read their blogs/writings.

In general my girl friends can do no wrong but sometimes they do get in trouble with one another.

Sometimes I get in trouble with my friends too. Even my own sister has told me to back off a few times.
Since I was naturalized by the State of Texas (on the fourth of July back in the 80') I have picked up a little of the notorious Texas brag. That can be one strike against me. But you know, Texas is great! All except the U/T. It got a little better when my granddaughter graduated from that school with honors.
BTW, Mrs. Jim is my girlfriend. She gets in trouble with my blogging in general, generally not with me. She is also my censor.
But I am easy going and don't care a hoot about her FaceBooking.

k.a.gardner said...

Last comment of the day for me too.

Jim -- Don't be ridiculous. Your wife's name isn't Mrs Jim. It's Mrs Havendick. No commenter at the Waking Ambrose blog has any idea what your wife's first name is (or at least I don't think so.)

But I'll bet your friends know.

actonbell said...

Quack Birder has an exceptional eye, and all of you have exceptional brains.

Anonymous said...

as an exception to my rule of not reading the above comments before
commenting myself,today i read them
all,must say i am let dazed and confused...
as for the burglar vs the thief
if given a career choice ,which would it be....a burglar is cunning
a plan is practiced enacted executed (wall street)now the lowly thief is an opportunist get in your face kind of folk(armed/violent car hijacking)
lost are the days of honor among thieves....well doug i will ponder on ..........................

word verf....facks


Jim said...

Exception to friends knowing Mrs. Jim's first name is she doesn't want it or her last name all over the Internet but it is, just a little hard to find.
I have several friends whose spouse's blog name is 'hubby' or 'Mrs. ____' and that doesn't bother anyone that I know of. For sure not me.
Not using her first name on my blog doesn't seem to bother many of my friends. No one voiced it until tonight. I consider you one of the three friends mentioned above. :)
Not all bloggers use their real name! My real first name is Jim.
I have a distant ancestor whose name was 'Mary Smith.' We believe that to be an asumed name as she is a very likely a disinherited ancestor to current royalty and to the Kaiser family.
Her problem? She married wrong.

k.a.gardner said...

Dr. Jim Havendick:

I was more than pleased to discover from your correspondence of May 11, 2010, that Mrs. Jim Havendick ...

"is of French descent with her roots traceable directly to Bordeaux, France through immigrants who came into New Orleans from France".


k.a.gardner said...

Dr. Jim Havendick:

I can understand you taking exception to a post on my (just for fun) blog, Twitter Diaria 2010.

"I get a little, not too much of a laugh, at you calling me Coon-Ass-Jim".

As you may recall, I deleted the post in its entirety to spare you any further embarrassment.


cooper said...


the first pair of tight black jeans,
the one night stand
the honest politician
the shedless dog
the silent baby

that greener grass beyond the fence
the fearless foe
the fascinating academic
the good boyfriend
the perfect storm

oh, and yes Doug, you.

Jim said...

If I had a vote I would vote Cooper's comment for 'exception as the best. Doug, you should feel honored to be included in such a group.

And K.A, I thank you for being kind. You and Google will know what I mean. Probably Doug, Nessa, and Quilly as well. :)

k.a.gardner said...

Dr. Jim Havendick:

I am on a mission now!

I refuse to allow you to get the last word on the Waking Ambrose blog post "Exception".

word veri rutegala which sounds an awful lot like rutabaga.


Jim said...

Okay, you win. LOL! I laugh because you asked me to.

Also because I tease my grandkids (and kids) a lot about me cooking them 'rutabaga' when they visit or I order off the menu for them.
Some times they forget that I joke about that. :)
My word verif --> asalmion sounds a lot like salomon.
Is blogger on a food binge tonight?

I sure aren't. After having my three teeth pulled this morning I am stuck on a liquid diet. Tomorrow it goes to soft food.
Oh yes, I have a big bottle of Vicodin too. It never affects me except for relief of my pain.
Pain for this was the worst tooth pulling pain I have ever had.

k.a.gardner said...

Well then Dr Jim you better give them teeth a ding dang rest.

And speaking of rest I'm on the EST so I'll hit you up later dude.

Jim said...

K.A, you might can tell by my comment dateline that I can't sleep. I have been in bed but after an hour there I got up.
We are on CDST.

I slept two hours while the pulling and bone grafting was being done. Some of the meds might be keeping me awake as well.
Word verif did it again, more food look alikes. This time it was taticocu. Missing "P" helps its camalouge.

the amoeba said...

"a fascinating academic"

Hey! I resemble that!

slygot - a burglar among word veris.

Ariel the Thief said...

Jim, I agree, Doug should be happy that society talks to him at all... Oh and your wife became here like the wife of Columbo, we hear of her a lot but we never see her, somehow everybody respects her, and would never light a cigar in her living room. :)

Nessa said...

Well, Doug, the honest man, the truthful woman and a couple of thieves have burgled your blog. You should be exceptionally happy at all of the activity.

k.a.gardner said...

Well isn't this a lovely scene.

Mrs Vanessa Kilmer:

Please give us all thirteen reasons why you're obsessed with the Waking Ambrose blog (and myself, for that matter).

You might try getting a story idea of your own if you want to be a famous writer.

(And Ariel the Thief, I believe we all know enough about your background to immensely respect whatever you say. Cooper aught to write a poem about you while Dr. Jim Havendick sings praises to your glory!)

joven said...

hi, you have nice blog.. u can view also mine..

k.a.gardner said...

Culprit March 5, 2010

Nessa said ...

TLP: Woof, woof.

Doug, i'm sorry but I swear I saw that word spelled with a "K" at the end.

Flash 55 - Earthquake

One Single Impression - Running


Hello hoven, didn't we see you over at Growing Up Lammy not too long ago?

Zzz said...


Doug said...

Right, Nessa. Each of us to an equally different degree.

Well-noted, Karen.

Welcome back, Quack.

Indeed she is, her.

Lammy's special too, Karen.

I could, too, Terry. I'm sure it's very common.

Hahaha, Ariel. I wanted to, but my fingers hurt.

I don't know, Karen. They are both very special.

Normally, TLP, I'd agree.

And you alone, Jenn.

Amoeba, a pawnbroker pays in patience.

Exceptionally, Nessa.

Karen, we're all annoying. Bless Nessa for not spending the whole day at it.

Quilly, another hint?

Jim, a friend might sometimes make you a BLT but a good friend will make you a one-L. Thanks for the lesson.

Karen, I think that was legally precise, although I don't know for sure that Mrs. Jim's name isn't Mrs. Jim. For all I know, that could be her first name.

And, Actonbell, you have an exceptionally good nature. That's even welcomer these days than always.

Ponder as you wander, Bear. Good to hear from you.

Jim, for what it's worth, it doesn't bother me any. As far as I'm concerned, the top two commandments on the internet are no obligation and respect the other's privacy.

Karen, at some point it might be interesting to know what you think happens when you quote what someone wrote one place another place.

Cooper, that was sort of beautiful and fanciful. Thank you.

Jim, I do feel honored. That was neat.

Good luck, Karen. This is me backing you up.

Jim, you're a hero. But when you surrender, surrender. There's no glory in victory after a surrender.

Karen, victory was in your clutches.

Jim, I hope you have Netflix.

You do, Amoeba. You bet.

Funny, Ariel. I forgot about her.

Oh, Nessa, you have no idea.

Karen, I know you didn't ask me but Nessa's pretty well done the list of local obsessives.

Welcome, joven.

Karen, is Growing up Lammy still being updated? I miss Tom and Icy.

Zzz, no kidding.