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Let's all send McCain the definition of negligence

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sunnystarr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-25-05 11:18 AM
Original message
Let's all send McCain the definition of negligence
Edited on Mon Jul-25-05 11:30 AM by sunnystarr
Yesterday I watched John McCain on "This Week" with George Stephanopolous. The Brad Blog discusses the interchange that so enraged me.

http://www.bradblog.com/

On ABC's This Week, Stephanopoulos just read the text of the Classified Information NonDisclosure Agreement that White House employees are required to sign:

"I have been advised that any breach of this Agreement may result in the termination of any security clearance I hold; removal from any position of special confidence and trust requiring such clearances; or the termination of my employment..."


Stephanopoulos: Do you believe that this agreement should be abided by?

McCain: I do, but that also implies that someone knowingly revealed...

Stephanopoulos: This covers negligent disclosures

McCain: Again I don't know what the definition of "negligent" is.



The video can be seen at Crooks and Liars http://www.crooksandliars.com/2005/07/24.html#a4123

I feel so sorry :sarcasm: for McCain and I think we should help him out. Let's all send him either one of these two definitions:

negligence n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Negligence is accidental as distinguished from "intentional torts" (assault or trespass, for example) or from crimes, but a crime can also constitute negligence, such as reckless driving. Negligence can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as a sloppy land survey. In making a claim for damages based on an allegation of another's negligence, the injured party (plaintiff) must prove: a) that the party alleged to be negligent had a duty to the injured party---specifically to the one injured or to the general public, b) that the defendant's action (or failure to act) was negligent---not what a reasonably prudent person would have done, c) that the damages were caused ("proximately caused") by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness. If the injury is caused by something owned or controlled by the supposedly negligent party, but how the accident actually occurred is not known (like a ton of bricks falls from a construction job), negligence can be found based on the doctrine of res ipsa loquitor (Latin for "the thing speaks for itself"). Furthermore, in six states and the District of Columbia, an injured party will be denied any judgment (payment) if found to have been guilty of even slight "contributory negligence" in the accident. This archaic and unfair rule has been replaced by "comparative negligence" in the other 44 states, in which the negligence of the claimant is balanced with the percentage of blame placed on the other party or parties ("joint tortfeasors") causing the accident. In automobile accident cases in sixteen states the head of the household is held liable for damages caused by any member of the family using the car under what is called the "family purpose" doctrine. Six states (California, New York, Michigan, Florida, Idaho, Iowa, Minnesota, Nevada, Rhode Island) make the owner of the vehicle responsible for all damages whether or not the negligent driver has assets or insurance to pay a judgment. Eight states (Connecticut, Massachusetts, New Jersey, Oregon, Rhode Island, Tennessee, Virginia, West Virginia) impose similar liability on the owner, but allow the owner to rebut a presumption that the driver was authorized to use the car. Negligence is one of the greatest sources of civil litigation (along with contract and business disputes) in the United States. (See: contributory negligence, comparative negligence, damages, negligence per se, gross negligence, joint tortfeasors, tortfeasor, tort, liability, res ipsa loquitur)


or


http://www.legal-explanations.com/definitions/negligent.htm

Negligent
adj., adv. Not fulfilling a responsibility with care.


McCain's contact information:

Email: http://mccain.senate.gov/index.cfm?fuseaction=Contact.Home
DC Phone: 202-224-2235
DC Fax: 202-228-2862

I know he'll just love to hear from us :sarcasm: and be enlightened.


*edited to fix sarcasm
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Vincardog Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-25-05 11:28 AM
Response to Original message
1. Done
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sunnystarr Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-25-05 11:36 AM
Response to Original message
2. Here's what I sent to McCain
I saw you with Stephanopolous on "This Week" yesterday. Since you don't know the definition of negligent I wanted to help you out.


http://www.legal-explanations.com/definitions/negligent...

Negligent
adj., adv. Not fulfilling a responsibility with care.

I'm always happy to help out those in the Senate who should know better than to display this level of ignorance on national TV. I consider it everyone's civic duty.
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rock Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-25-05 11:36 AM
Response to Original message
3. It really doesn't matter
A negligent disclosure is a disclosure.
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