Q: Can I sue my university for intentional infliction of emotional distress for exam-taking procedures?
Since elementary school, we were taught to skip harder questions and answer easier questions first. At my university, during the pandemic, we have to take exams online. We are given random questions on separate pages and we are not allowed to go back once we submit the answers on that page. The problem is that you have no idea if harder questions are next since you cannot skip questions and you are not allowed to go back and check your work. Every time I take this test I have a panic attack and I have difficulty sleeping and functioning. I have expressed this to my professor and he refuses to change it. In addition to this procedure, we have to be on a zoom call that shows our entire work area and computer screen with no notes allowed. Other professors do this, but they tell you the exact format of the test and it is open note. He says he is not open to change this feature for any further tests. Can I sue for intentional infliction of emotional distress?
A: anyone can sue anyone at any time for anything.
the problem is that a lawyer is not going to take it on a contingency so you will have to come up with a retainer.
then how do you prove damages?
the move logical approach is to present your plight to the prof...........
A: You could sue them but it would cost you a lot of money and you might not win. So if you have a lot of money and want to make a point then you could probably find a lawyer who would charge you a $10,000 retainer and be willing to sue... but I don't think there are very many lawyers that would. If you came into my office I would try to convince you that a lawsuit of that type might not be very successful and could cost you a lot of money.
A: When attorneys say they want a big retainer up front (and no body will take this for $10k- Think $75k) they are sending you one of two messages: 1. you have a lousy case and will lose, so they want to be paid up front, or 2. you may have a case that is strong on legal theory but it will take a very large amount of time and effort to pursue and the potential recovery at the end is small. In your case, probably #1.
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