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Public Health Law Map - Beta 5 - Medical and Public Health Law Site

Public Health Law Map - Beta 5 - Medical and Public Health Law Site

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person seeks damages or other legal<br />

remedies from another.<br />

Summary Judgment A judgment that decides a case based<br />

on affidavits or depositions.<br />

Requests for summary judgment are<br />

made before trial. A summary<br />

judgment is desirable because it<br />

saves the time <strong>and</strong> expense of a trial.<br />

Survivor Action A legal cause of action brought on<br />

behalf of a dead person to recover<br />

losses sustained by the deceased<br />

during his or her lifetime.<br />

Survivorship Clause A contractual agreement between<br />

joint owners of property that, should<br />

one of the owners die, the surviving<br />

owner is entitled to the decedent’s<br />

ownership rights in the property.<br />

Testimony Statements made at a hearing or trial<br />

by a witness under oath.<br />

“Thin Skull Rule” The legal principle that a defendant<br />

must take the plaintiff as he finds<br />

him. For example, the defendant<br />

cannot complain that the plaintiff’s<br />

injuries were unusually severe<br />

because the plaintiff has an unusual<br />

physical condition. The term comes<br />

from an apocryphal case involving a<br />

plaintiff with a thin skull who suffers<br />

a serious head injury in a very minor<br />

accident.<br />

Third Party A third party, sometimes abbreviated<br />

TP, is a person who is not a party to<br />

a legal relationship or transaction,<br />

but is affected by the transaction.<br />

Third-Party Liability A defendant in a civil case can<br />

compel a third party to join the suit<br />

as their codefendant <strong>and</strong> share in the<br />

liability if the third party is also<br />

liable to the plaintiff. A surgeon who<br />

is named in a wrongful death suit<br />

may implead an anesthetist who is<br />

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