SmartBrief
0
Confirm favorite deletion?
Civil Procedure Keyed to Subrin
Ceglia v. Zuckerberg
Citation:
772 F. Supp. 2d 453 (W.D.N.Y. 2011)Facts
Plaintiff sued Defendants in New York state court, claiming an 84 percent ownership interest in Facebook. Defendants removed the lawsuit to federal court based on diversity jurisdiction. Plaintiff sought to remand the lawsuit back to New York state court, claiming both he and Defendant Zuckerberg resided there. In a prior case, Zuckerberg asserted a New York domicile as of September 2004, even though he already lived in California. At the time, Zuckerberg was a 20-year-old college student who had just spent the summer in California and decided to take time off from Harvard but intended to return and live after graduation in New York near his parents. However, Zuckerberg never returned to Harvard or New York. Instead, Zuckerberg stayed in California, renting an apartment within walking distance of Facebook headquarters. In addition, Zuckerberg submitted an affidavit stating he intended to live in California indefinitely. Plaintiff countered that Zuckerberg had not established intent to live in California indefinitely, meaning his domicile legally remained in New York.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
8m 29sTopic Outline 