Section 5d Examinations

(1) The state and university examinations shall relate to the practice in court adjudication, in the administration and in legal advice, including the key qualifications required therefor according to section 5a subsection (3), first sentence; notwithstanding section 5a subsection (2), second sentence, examinations may also take account of foreign language skills. Standardisation of examination requirements and achievement rating must be ensured. The Federal Minister of Justice shall be authorised with the approval of the Bundesrat to lay down by legal ordinance a scale of marks and points for the individual and overall marks for all examinations.

(2) The syllabus for the university examination covering areas of specialisation and for the state examination covering compulsory subjects shall be so designed as to enable university studies to be completed after four-and-a-half years of study. The university examination covering areas of specialisation must include at least one written assignment. The state examination covering compulsory subjects must comprise both written assignments and oral examinations; Land law may provide that examinations can be taken during the course of studies, though not before the end of two-and-a-half years of study. The first state examination certificate shall list the results of the university examination covering areas of specialisation which has been passed and of the state examination covering compulsory subjects which has been passed, as well as the overall mark, to which the result of the state examination covering compulsory subjects contributes seventy per cent and the result of the university examination covering areas of specialisation contributes thirty per cent; the certificate is issued by that Land in which the state examination covering compulsory subjects was passed.

(3) The written examinations forming the second state examination may be taken in the eighteenth month of training at the earliest and in the twenty-first month of training at the latest. They shall at least relate to the training undergone in the compulsory agencies. Where Land law stipulates that a home assignment shall be performed in addition to assignments performed under invigilation, provision may be made to the effect that such assignment shall be performed after completion of the last compulsory agency. The oral examinations shall relate to the entire period of training

(4) In the first and the second state examinations the examining body may deviate in its decision from the arithmetically calculated total mark where such deviation gives a better reflection of the candidate's performance in view of the overall impression gained and this has no influence on the candidate's passing the examination; in respect of the second state examination performance during preparatory training shall also be taken into consideration. The deviation shall not exceed one third of the average range within a class of mark. The proportion of oral examination attainments shall not exceed forty per cent of the total mark. In determining the total mark given for the second examination no account shall be taken of marks given during preparatory training.

(5) The state examination covering compulsory subjects may be repeated once. A failed state examination covering compulsory subjects shall be deemed not to have been taken if the candidate registered early for the examination and completed the required examination assignment in full. Detailed provision, in particular as regards the expiry of the registration deadline, account to be taken of periods of study abroad, of illness or of release from study in respect of the total period of study, as well as the repercussions of interrupted examinations, shall be made by Land law. Land law may enable a candidate to repeat the examination for the purpose of improving his grade.

(6) Detailed provision shall be made by Land law.

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Date: 2015-12-24; view: 844