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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116710
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I will pay $20 for someone to write a letter to my business

Customer Question

I will pay $20 for someone to write a letter to my business law teacher. Something horrible just happened. Can you chat with me about real quick before you get started?
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
I am sorry, but we cannot actually write a letter for you as that could be deemed to be representation which is prohibited by our terms of service. We can assist you putting your letter together, but we cannot write it for you.
Customer: replied 5 years ago.
ok. that's fine. i just need advice, really. i will write it myself
Customer: replied 5 years ago.
how do i get into the chat room?
Expert:  Law Educator, Esq. replied 5 years ago.
I am sorry, chat causes my computer to lock up as it does to many customers, we can correspond back and forth in this forum if you do not mind.
Customer: replied 5 years ago.
I just took a midterm exam for an Introductory Business Law class. I am allowed 3 hours for the exam, however, I was going into it nearing the close time of the testing center, so I only had about 2 hours to finish the exam, which I figured was probably fine, and it was. However, when I sat down I ignorantly paced myself with a clock that I could see outside of the actual testing room, but it was still clearly visible, and if anyone else was sitting in the row I was seated in, they would have seen it. The test was 50% multiple choice (50 questions) and 50% essays (7 essays). I had been studying all night and was tired/nervous going into the exam but felt relatively prepared.

Anyways, I open the test and start answering the multiple choice questions, I knew for sure about 3/4 of them and circled them on the actual test, assuming I would go back and transfer my answers on the Scantron. The other 1/4 I either did not know or was not positive about. However, I got to the essays and just breezed through them. However, there were a lot and I wrote quite a bit. As I was finishing my last essay, I noticed I had about 20 minutes left. Now I was going to go try and answer the other 1/4 of the multiple choice questions and then transfer them over real quick.

However, suddenly, the proctor came in and said time was up. Confused, I explained to her that it was only 4:40pm, and not 4:50. She pointed at a clock behind me and said no, 4:50. I quickly realized the clock I was using as reference was 10 minutes slow. So i began to arbitrarily circling letters on the exam, and since I was so shocked in the moment, I forgot I needed them on the scantron. Nonetheless, she took my exam and told me I needed to leave. I kept referencing the clock they had in the next room, and thought it was unfair that they had it visible for everyone in the room even though I will admit I ignorantly didn't see the other one that was in the room.

Anyways, I pleaded with them to give me a few more minutes since I had been using their clock which was wrong as a reference. They would not budge and said I needed to leave. I tried to get a note from them just as some type of evidence that I was using the wrong clock, so I could try and work this out with my teacher. They refused and showed no empathy.

However, I was finally able to get the proctor's name and he claims that if my teacher calls to try and verify that the clock I had been referencing to that was 10 minutes slow, actually was, that he would confirm it for me.

Anyways, I was thinking of e-mailing my teacher explaining to him the situation. I had an idea though, that I could present it to him in a way as if I had a law case against the testing center, since they displayed the had the clock so plainly visible for other test-takers to see. What do you think? Do i have a case?
Customer: replied 5 years ago.
btw, this is my last semester of college, I've never had an F, and now suddenly i have at least 50% of my exam wrong
Expert:  Law Educator, Esq. replied 5 years ago.
The courts do not get involved in these types of cases regarding educational facilities and testing or grading or even quality of classes. The courts use the phrase that they "will not stand in the shoes of the educational facility" to make these decisions, which means there would be no case law to help you. The courts only get involved when there is some violation of the Americans with Disabilities Act or some other form of unlawful discrimination in the education process.

If you were allowed 3 hours for the test, but were only given 2 hours, this is one argument you can raise with the professor. Second, you need to go to the testing center, hoping the clocks are still off from one another by 10 minutes and try to get a picture of both clocks with your cell phone (if not, do not worry about it). Finally, in your letter you need to outline the facts, leaving out the part about the questions you knew and did not know etc. Stick just to the facts regarding timing and that you were pacing yourself by the clock you could see and you could not see the clock that was behind your back. Explain how you were answering on the exam sheet and would have had plenty of time to transfer the answers to the computer sheet had the clock you were watching been accurate or had you been given the full 3 hours for the exam that you were supposed to have been given.

Typically the facts themselves in these cases will work with a reasonable instructor.

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Customer: replied 5 years ago.
I know this would not be a real case, and I could mention the part about that. I just thought if I could somehow tie this into the class, it would give me a better chance to empathize with me.
Customer: replied 5 years ago.
I was thinking I might be able to tie something in regarding misrepresentation since I was obviously relying on its factual correctness. Although, it may not have been intentionally false, placing the clock there incorrectly was consciously ignorant, which is a liability?
Expert:  Law Educator, Esq. replied 5 years ago.
There is no even hypothetical case you could make on this because the courts stay out of educational issues. You have to argue the facts, which are in your favor here. You start out with the argument that they were supposed to give you 3 hours for the exam, but you were given less than the time allotted, thus you were entitled to an extra hour. Second, the clock was one belonging to the school and not to you, which means you were going by their time and it was the only clock visible to you. Finally, if your essays were good you would argue that the essays showed you had a grasp of the class and he could also look at the exam itself to see where you did circle the correct answers on the exam and the problem only occurred because of the time issue in transferring your answers to the computer sheet.

You do better arguing detrimental reliance in that the school provided the clock, you reasonably relied on that clock to have the proper time and it was not correct and as such this was to your detriment because you were reasonable to believe the school would have a clock with proper time displayed.
Customer: replied 5 years ago.
Ok. However, I went in there knowing I only had 2 hours, and they did tell me I only had two hours, I was just confident that I could still do it. Can I still use that argument?
Expert:  Law Educator, Esq. replied 5 years ago.
Yes it would have some impact and I would not raise that part, let the testing center raise that argument.
Customer: replied 5 years ago.
Ok-sounds good. Also, are you sure I shouldn't say anything about the multiple choice answers I circled on the exam because I'm sure he will see it and I'm thinking he may say he'll just grade the ones I had on there, but I still had 1/4 of them either blank or arbitrarily answered and I would like to try and get some extra time or retake the MC portion if that's at all possible.
Expert:  Law Educator, Esq. replied 5 years ago.
What I said you shouldn't say anything about is what you knew and did not know. If you go back and read above, I did say you need to raise the issue that you did have correct answers circled on the exam itself and the problem occurred in transferring them to the computer sheet because of the time and you panicked.