Written examinations in the second state exam
Concept and significance
The written examinations in the second state exam, also known as the assessor’s exam or second state law examination, are a central component of the second legal state examination in Germany. Alongside the oral examination, they constitute one of the two main parts of the examination process for obtaining qualification for judicial office and are a prerequisite for admission to numerous legal professions. The written examination performances serve to determine the extent to which candidates possess the knowledge, skills, and abilities required for the exercise of a qualified legal profession.
Legal principles
Statutory regulations
The conduct and structure of the written examinations in the second exam are regulated by the German Judiciary Act (DRiG), the respective laws on legal training of the federal states (JAG), and the pertinent examination regulations. The following overview presents exemplary framework conditions that are similar across the individual federal states, but can differ in detail.
Purpose and function
The purpose of the written examinations is to demonstrate the ability to independently handle comprehensive, practice-oriented cases from various legal areas. In addition to factual correctness, methodical approach, practical feasibility of the solutions, and compliance with procedural requirements are specifically assessed.
Structure and procedure
Number and distribution of exams
Depending on the federal state, the number of examinations to be written in the second legal state examination varies. Generally, eight to ten exams must be completed within a specified period (usually two weeks). The subjects are typically distributed as follows:
- Civil law: approximately four to five exams,
- Criminal law: one to two exams,
- Public law: two to three exams,
- Elective subject: one exam, depending on the chosen specialization.
Form and scope
The examinations are predominantly designed as full drafts of court decisions, judgments, orders, statements of claim, or indictments. The duration usually consists of five to eight hours of working time per exam. Processing requires a case-related solution based on a comprehensive set of facts that encompasses procedural and substantive law issues.
Examination venues and execution
The exams are taken under supervision in selected examination rooms, with the use of permitted materials (in the form of approved statutes and commentaries without additional notes) regulated according to state law. The exam supervisors ensure compliance with the examination regulations, especially with regard to equal opportunities and impartiality.
Assessment criteria and correction
Assessment criteria
The evaluation of the written performances is based on a prescribed grading scale, which is largely standardized nationwide. Key criteria include:
- Factual accuracy of the solution,
- Completeness of the processing,
- Systematic and methodical reasoning,
- Legal expressiveness,
- Practical feasibility,
- Formal correctness and structure.
The focus is on a practice-oriented solution and the correct prioritization of legal issues, taking into account the developed lines of argument.
Correction procedure
The examinations are generally corrected and graded by two independent examiners. In the event of significant grade discrepancies, a third examiner must be consulted. The grades are awarded in points according to the 18-point system, with a minimum score required to pass the written examination.
Legal remedies and appeals against examination results
Against the assessment of written performances, legal remedies exist under the Administrative Court Procedure Act (VwGO). An objection or lawsuit can be based, in particular, on evaluation errors, procedural violations, or other legally significant defects. However, judicial review is limited to assessment errors that fall outside the specific margin of discretion for the examination.
Significance in the examination process
The results of the written examinations carry particular weight in the second legal state examination. They constitute a large part of the final grade and are also a prerequisite for admission to the oral examination. Failure to pass the written examination usually leads to exclusion from further participation in the exam.
Preparation and relevance for career paths
Preparation for the written examinations is of special importance, as the second state exam assesses practical skills for legal practice as a lawyer, judge, or administrative official. Successful completion is not only a prerequisite for entry onto the lists of persons authorized to administer justice in the federal states, but also for access to numerous legal professions in Germany.
Note: The specific arrangements and prerequisites may vary depending on the federal state. Binding information is governed by the respective state law provisions and the notifications of the responsible examining authorities.
Frequently asked questions
What legal framework applies to the conduct of written examinations in the second state exam?
The conduct of written exams in the second state exam is subject to strict legal requirements, which are essentially derived from the relevant state judicial examination regulations (LJPA), the legal training laws of the states, and general administrative regulations. These rules include, among other things, provisions regarding the number and type of exam papers, their duration, supervision, access and exclusion criteria, permitted materials, and procedures for dealing with attempts at deception. Admission to the exam, the requirements for the exam venue and conditions (e.g., accessibility, time extensions for compensation), as well as deadlines for completion or the possibility of repetition, are explicitly regulated and are regularly subject to judicial review. In addition, there are legally secured provisions for the protection of personal data and the anonymization of the work.
What rights do exam candidates have with regard to compensation for disadvantages in the written exams?
Examinees are legally entitled to appropriate compensation for disadvantages under the General Equal Treatment Act (AGG) and comparable provisions in the respective laws on legal training if they are physically or health impaired. This particularly includes extensions of the examination time, technical aids, or individual seating arrangements. The application for this must be submitted in good time and with the necessary supporting documents. The examination authority decides on the granting at its own discretion, ensuring the measure is suitable, necessary, and appropriate to compensate the disadvantage without lowering the exam standards. Such decisions may also be legally reviewed, including in urgent proceedings.
How is the legal course of action regulated in cases of attempted cheating or disciplinary violations during the exams?
The procedures in cases of cheating or disciplinary violations are derived from the relevant examination regulations and general administrative procedure acts. Examinees who cheat or disrupt the examination process may be excluded from further participation. Depending on the severity of the violation, the paper may be marked with zero points in whole or in part. Exclusion or annulment of an examination result constitutes an adverse administrative act, against which legal remedies such as objections or lawsuits are permitted. The examination authority must justify its decision in detail and grant the examinee the right to be heard.
What legal aspects must be considered when grading and correcting the written examination papers?
The grading of the exams must be based on objective, transparent, and comprehensible criteria derived from the relevant state training regulations and applicable case law. Examiners are obliged to justify their assessment and adhere to the set expectations. Unjustified grading deviations, assessment errors, or procedural defects (e.g., examiner bias) are legally challengeable. Examinees have the right to inspect the files in order to check for grading errors and, if necessary, to lodge an objection or bring an administrative court action against the grading.
What retention periods and data protection provisions apply to examination scripts?
Strict regulations exist for the retention and processing of exam scripts and personal data of examinees, based on state archiving and data protection laws and the General Data Protection Regulation (GDPR). The examination documents must be kept for a certain period, typically set in the state examination regulations (often between 3 and 5 years). During this period, examinees have the right to inspect the files unless legitimate grounds for exclusion exist. After expiry of the period, the documents must be properly and in compliance with data protection requirements destroyed.
What provisions apply for admission to the written examinations?
Admission to the written examinations is governed by the laws on legal training of the federal states and the state judicial examination regulations. The prerequisite is usually the proper completion of the legal preparatory service as well as the timely and compliant submission of all registration documents. The examination authorities also verify whether reasons for absence or impediments such as illness (upon submission of a medical certificate) or maternity protection exist, which may justify entitlement to admission or postponement of the exam. Decisions regarding admission are administrative acts and can be reviewed by the courts.