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Green v. H & R Block, Inc.
Citation:735 A.2d 1039 (1999)
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- 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. Review the Facts of this case here:
Joyce Green (Plaintiff) sued H & R Block after participating in Defendants voluntary loan program. Plaintiff hired Defendant to prepare her tax return. Defendant advertised an additional service that could help maximize tax refunds, but did not disclose that the rapid refunds being obtained via a bank loan program, gave them a financial incentive. Bringing the action as a class action, Platiniff argued that H & R block was her agent and as such, by failing to disclose that they obtained a financial benefit from the transaction, Defendant breached its fiduciary duty to disclose a conflict of interest. The trial court disagreed and found that no fiduciary duty existed because no principal– agent relationship existed. The trial court granted H & R block its motion to dismiss. Plaintiff appealed to the Maryland Court of Appeals.
- 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.