http://legal-dictionary.thefreedictionary.com/respondeat+superior
[Latin, Let the master answer.] A common-law doctrine that makes an employer liable for the actions of an employee when the actions take place within the scope of employment.
The common-law doctrine of respondeat superior was established in seventeenth-century England to define the legal liability of an employer for the actions of an employee. The doctrine was adopted in the United States and has been a fixture of agency law. It provides a better chance for an injured party to actually recover damages, because under respondeat superior the employer is liable for the injuries caused by an employee who is working within the scope of his employment relationship.The legal relationship between an employer and an employee is called agency. The employer is called the principal when engaging someone to act for him. The person who does the work for the employer is called the agent. The theory behind respondeat superior is that the principal controls the agent's behavior and must then assume some responsibility for the agent's actions.
An employee is an agent for her employer to the extent that the employee is authorized to act for the employer and is partially entrusted with the employer's business. The employer controls, or has a right to control, the time, place, and method of doing work. When the facts show that an employer-employee (principal-agent) relationship exists, the employer can be held responsible for the injuries caused by the employee in the course of employment.
In general, employee conduct that bears some relationship to the work will usually be considered within the scope of employment. The question whether an employee was acting within the scope of employment at the time of the event depends on the particular facts of the case. A court may consider the employee's job description or assigned duties, the time, place, and purpose of the employee's act, the extent to which the employee's actions conformed to what she was hired to do, and whether such an occurrence could reasonably have been expected.
I am not going to disagree with you H20 Man, but I am going to add some food for thought. I worked for decades in the legal community in DC, for various law firms, in different support capacities, for some extremely intelligent, successful attorneys. I first learned this phrase from one of those attorneys when one day I said to my boss, "If I have made a mistake, I will take the full responsibility for it." He then quoted that phrase and told me that as his employee, he would be legally responsible for any mistakes on my part. I always remembered that and took extreme care with the work I performed during my employment in the legal community.
This concept leads me to believe that if one of Hillary's assistants is thrown under the bus and Hillary receives simply a slap on the wrist, those responsible for assessing if a crime or crimes were committed, how did it happen, why did it happen, and what harm resulted from these crimes will not feel satisfied with the outcome. Many of us here at DU look at most occurrences through a political lens, but in Washington, the political capital of the world, while politics is all-important, there is one terrain that is more important: national security.
Up until this last week or so, I just assumed this email debacle was a tactic summoned into the public view as an attack on Hillary Clinton's reputation. Then I took the time to read some of the emails, and in all honesty, I was appalled at the content. I thought immediately this will never fly with the Intelligence community, and someone will pay for this breach. I do think Comey is taking a very intense approach into delving into the details, and I see him as a man who is a stickler for playing by the rules.
There are a lot of rumors afloat in DC, and I will wait for the official announcement from the investigation as to what process will ensue.
But politics aside, H20 Man, I honestly do not believe that the Intelligence Community that protects our national security will overlook these events and simply give participants a slap on the wrist; I believe certain individuals will be taking the position that a person who has allowed these type of breaches to happen on his or her watch is not a person who can be entrusted to hold the reins of control over our national security.
In no regard is this an opinion presented to diss Clinton and promote Sanders politically. Sanders will not benefit if Clinton is charged or if she drops out of the campaign as a result of a deal reached with government officials. We will see Joe Biden jump in on the Democratic side of the aisle to take Clinton's place. After all, he supports the TPP and Sanders opposes it ....
With the highest regards,
Sam
