Definition and significance of the mock exam
Das Mock exam is a specially designed form of examination that is primarily used in legal studies and related disciplines. The aim of the mock exam is to simulate, as realistically as possible, the actual conditions and requirements of the state examination. The mock exam serves both to assess the current level of knowledge and the ability to apply learned content, as well as to prepare for the examination process, in order to optimally prepare students for the upcoming state examination.
Legal background of the mock exam
Status and legal nature
A mock exam is a voluntary examination performance—that is, it is generally not a mandatory examination according to the examination regulations of the federal states or the respective universities. Rather, the mock exam constitutes an additional, mainly internal instrument of the universities to promote academic success and successful completion of the exam. The mock exam therefore has no direct legal effect with regard to the state final examination.
Legal foundations and statutory anchoring
The implementation of mock exams is based on the respective examination and study regulations of individual universities. These regulations govern the type, scope, procedure, and evaluation of the mock exam. There is no nationwide statutory basis, which is why details of the format can differ significantly. Legal foundations can include:
- State university laws
- Examination regulations and implementing provisions of the universities
- Internal administrative regulations
Legal relationship between university and participants
Registration for and participation in the mock exam establish a special public-law legal relationship between the university and the students. From this relationship arise rights and obligations on both sides, particularly with respect to equal opportunities, data protection, and the right to inspect examination performances.
Procedure and legal framework
Organization and implementation
The mock exam is usually organized by the faculty or examination boards as part of the academic operations. Often, the timing, structure, and subject matter of the mock exam are modeled after those of the state examination. The duration, subjects, and examination formats (e.g., written exams, oral exams) generally correspond—depending on the federal state or university—to those of the official state examination.
Legal regulations governing participation
Whether and under what circumstances a student may participate in the mock exam is determined by the relevant examination regulations. Participation is voluntary; registration is usually informal or takes place via an internal university portal. Grounds for exclusion, deadlines, and possible compensations for disadvantages (e.g., for students with disabilities) follow general procedural principles or university law provisions.
Data protection regulations
The conduct of a mock exam is subject to data protection regulations, especially regarding the collection, storage, and evaluation of personal data. The General Data Protection Regulation (GDPR) of the European Union and the respective state data protection laws apply here. Participants must be informed about the purpose, scope, and duration of data processing.
Dealing with attempts at deception
Although the mock exam does not constitute a legally binding examination within the meaning of examinations regulated by state or university law, principles of equal opportunity and fair competition still apply. Attempts at deception may lead to exclusion from the mock exam and, in some cases, may be reported to the examination board.
Legal consequences and significance of the mock exam
Direct legal effect
The mock exam has no direct legal effect on the state examination or the university degree. The results have neither a positive nor negative impact on admission to the state examination or its assessment. It is a purely preparatory measure.
Effects under examination law
The mock exam cannot be challenged, as it does not constitute an administrative act within the meaning of administrative law. Therefore, participants have no right to a review or recognition of the results with regard to the state examination. However, the feedback, evaluation, and discussion of performances in the mock exam can provide insights into one’s own performance level and point out possible areas for further preparation.
Significance for preparation for state examinations
From a legal perspective, the mock exam serves as a tool for quality assurance in studies. It is used to identify learning deficits, train under examination conditions, and acclimate to the timing and formal requirements of the state examination. In this way, the university fulfills its duty of care by providing students with the opportunity to prepare in a practical manner for the exam.
Differences between mock exam and state examination
Examination eligibility and procedure
The mock exam differs from the state examination mainly in terms of its legal binding effect and associated consequences. While violations in official state examinations can lead to failure or other disciplinary measures, sanction options in the mock exam are considerably limited.
Appeal of exam results and legal remedies
Unlike the official state examination, there is no legal right to appeal the evaluation of the mock exam. Objections to grading or procedure are—if provided at all—handled internally by the university, but they have no legally binding effect on future examination decisions.
Literature and further sources
Due to the heterogeneity of the legal bases and the implementation at individual universities, it is recommended to consult the relevant examination regulations, official notices of the faculties, and pertinent commentaries on university law.
Note: The term ‘mock exam’ is neither statutorily defined nationwide nor regulated by uniform legal provisions. The legal aspects presented here are of a general nature and may differ depending on the university, federal state, and degree program. For binding information, the specific local and university legal requirements must be observed.
Frequently Asked Questions
Is participation in the mock exam legally mandatory?
Participation in the mock exam is generally not legally mandatory, as it is typically a voluntary examination without direct legal effect. The mock exam is usually offered by law faculties or state judicial examination offices as a voluntary opportunity for preparation for the state examination. There is no statutory or examination regulatory obligation to participate. However, specific regulations of individual universities or examination offices may deviate and, for example, require participation for certain students, such as in special study models. Therefore, the relevant examination regulations or the university’s framework are always decisive. If there is no explicit rule on mandatory participation, non-participation is generally not regarded as misconduct or as a delay in one’s studies.
Which data protection aspects need to be considered in the mock exam?
In the context of a mock exam, the data protection requirements of the General Data Protection Regulation (GDPR) and the respective state data protection laws apply. Personal data of participants such as name, student number, and results may only be collected, processed, and stored in accordance with data protection regulations. Data processing must be based on a legal basis, such as the consent of the data subject or statutory authorization. The results may not be published or disclosed to third parties without explicit consent. Additionally, organizational and technical measures must be taken to ensure data security. Universities are subject to comprehensive information obligations under Art. 13 GDPR—students in particular must be informed about the type, scope, purpose, and duration of data processing.
Are the results of the mock exam legally binding?
Results obtained in the mock exam are not legally binding and have no direct effect on admission to state exams or on the assessment in future official examinations. The evaluations serve solely for self-monitoring and for students’ orientation regarding their learning and performance status. They are not subject to legal challenge and do not create any legal entitlements or consequences. Any conclusions regarding examination eligibility or admission to the examination cannot be drawn from mock exam results. The assessment is of an informal nature only, unless an examination regulation explicitly provides otherwise—which, however, is very rare.
Can a mock exam conducted under examination conditions have legal consequences?
A mock exam conducted under official examination conditions (such as supervision, time restrictions, or exclusion of aids) still generally does not have legal consequences for students. Even if attempts at deception or omissions are detected, this does not result in examination sanctions such as grade downgrading, exclusion from exams, or notes in official records. Only with official (state or university) examinations do the broad regulations with their sanction mechanisms apply. The mock exam generally lacks the legal status of an examination, so violations do not have disciplinary or study law consequences.
Is there a legal right to correction and review of mock exams?
A right to correction or review of evaluation results from the mock exam exists only if this is expressly stipulated in the examination regulations, in university regulations, or by contract (for example, with private revision courses). If there is no binding regulation, the organization and extent of correction is at the discretion of the offering institution. However, students have a right to information regarding their personal data under data protection law, which may include access to their evaluated work. A further right—especially to formal reconsideration or legal remedies—does not generally exist, as the mock exam does not have the character of an official exam.
Are mock exam scripts subject to extended retention or destruction requirements?
For materials from mock exams—such as scripts, evaluation sheets, or notes—there are generally no special statutory retention or destruction obligations, unlike for official state examination materials. Universities and revision courses may determine the retention period as part of their self-administration. However, if personal data are processed, general data protection deletion principles apply, i.e., data must be erased once the purpose for processing ceases to exist and there are no legal retention obligations. Excessive or unjustified storage is not permitted for data protection reasons.
Can incapacity for examination or compensations for disadvantages be claimed?
Since the mock exam usually does not have the legal status of an official examination, examination law regarding compensations for disadvantages or certificates for incapacity for examination basically does not apply. However, universities may establish rules on their own in order to promote equal opportunities or voluntary comparability—offering similar conditions as in official examinations. Nevertheless, an enforceable right to compensation for disadvantages, e.g., for health reasons, generally does not exist in the absence of official examination status. Deviating provisions may only arise from explicit regulations of the organizer or special university law requirements.