jjjj,
Welcome to GSO

And we've seen MUCH worse posts than that as a first

Regarding your theory, im not 100% sure how programs detect wether another card is in promisc. mode - but it is possible. Ie ettercap has plugins for this.
Your theory needs to be compared with the OSI Model, ie the 7 layers of network connectivity. Just because you place your card in promisc. mode, doesnt mean the kernel and/or firewall wont send back an RST packet if the ports closed. Many firewalls will just drop the packet - giving you a false positive - based on your theory. However, im not a genious at the exact workings of how different operating systems treat network packets...
Hacking and security is a way of thinking - and that theory shows you've atleast got what it takes

But dont take my word for it, theres methods you'll learn if you dont know already to test theories like that.