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Contracts Keyed to Calamari
K.D. v. Education Testing Service
Facts
The Plaintiff, K.D. (the "Plaintiff"), is a thirty-seven year old college graduate. In a four month period between 1973 and 1974, the Plaintiff took the LSAT twice. The Defendant, Educational Testing Services (the "Defendant"), is a non-profit corporation in charge of preparing and administering the LSAT. The application for the LSAT requires candidates, like the Plaintiff, to "write out in longhand" a statement that they accept the conditions in a certain Bulletin concerning the administration of the test. One provision of the Bulletin allowed the Defendant to cancel a candidates LSAT score if there is a reason to question the scores validity. The Plaintiff took the test for the first time in December 1973, and received a 399. In April 1974, the Plaintiff scored a 637, or 238 points higher then the first score. An investigation ensued, and the Defendant noticed that the Plaintiff's answers were very similar to K.L., a candidate sitting next to the Plaintiff. The Plaintiff was given the opportunity to provide the Defendant with an explanation about how his score increased, or to take the test a third time for free. If the third test score was within 50 points of the second test score, the second test score would have been reported to law schools. The Plaintiff refused to take a re-test, but provided a sworn statement to the Defendant that he did not cheat. The Plaintiff then filed this suit seeking a declaratory judgment and an injunction restraining the Defendant from (i) canceling the April 1974 score, (ii) informing law schools about the "score's doubtful authenticity", and (iii) compelling the Defendant to report the April, 1974 score to law schools.
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