Oral Exam in Germany's First State Law Exam: Format & Grade

The oral exam in Germany's first state law exam (Erstes Juristisches Staatsexamen) is an examination conversation in front of a panel: you are questioned in several areas of law together with other candidates, and the result counts for a fixed share of the grade of the state compulsory-subjects exam. How long it lasts, how many candidates sit together and how much it weighs differ from state to state. This article explains the federal framework and two verified state examples. It is not legal advice; the rules of your own German state are what counts.

What is the oral exam in the first state exam?

The framework is set by the German Judiciary Act (Deutsches Richtergesetz, DRiG). Under section 5(1) DRiG, the first exam has two parts: a state compulsory-subjects exam (staatliche Pflichtfachprüfung) and a university exam in a specialisation area (Schwerpunktbereichsprüfung). Under section 5d(2) DRiG, the result of the passed state exam counts 70 percent towards the overall grade, the specialisation exam 30 percent. In the state exam, “written and oral performances are to be given” (“sind schriftliche und mündliche Leistungen zu erbringen”). So the oral exam is part of the state exam; in the two states checked here it follows the written papers.

The federal law says nothing about how the conversation runs in detail. That is for the states, in their legal-education acts (JAG) and training and examination regulations (JAPrO; JAPO in Bavaria, often called BayJAPO). The state judicial examination offices (Landesjustizprüfungsämter or Justizprüfungsämter) carry it out.

How does the oral exam work?

The principle is similar everywhere: a panel examines a small group and the questions rotate through the areas of law. The numbers already differ between the two states checked here:

• North Rhine-Westphalia (section 15 JAG NRW, act as in force from 7 May 2025): no more than six candidates should be invited to one oral exam. The total length of the examination conversation is about 45 minutes per candidate who appears.
• Bavaria (section 32 BayJAPO): panels consist of three examiners who must be present throughout. About 35 minutes are planned per candidate, and at most five candidates are examined together. The exam is “predominantly a test of understanding” (“vorwiegend Verständnisprüfung”), and current law is in the foreground.

For every other state, it depends on the state: length, group size and panel composition may differ. Check the examination regulation and the notes from your state’s examination office. In both examples, listeners such as law students may be admitted: in North Rhine-Westphalia by the head of the judicial examination office (section 15(6) JAG NRW), in Bavaria by the chair of the examination panel (section 32(4) BayJAPO). In Bavaria the result is announced without listeners; in North Rhine-Westphalia only if a candidate does not consent to their presence. That, too, is regulated by state law.

You learn the marks for your written papers beforehand. In North Rhine-Westphalia they are sent to you at the latest two weeks before the oral exam; the postmark date counts (section 14(3) JAG NRW). So you know your score before you walk in.

What does “test of understanding” mean for the conversation?

The Bavarian regulation calls the exam “predominantly a test of understanding” and extends it to the state’s examination areas. As a study hint, this means examiners want to see whether you recognise a problem, classify it and solve it with reasons using rules you know, even when the question is new. A wrong intermediate answer is therefore not the end; how you handle a hint or a follow-up question matters more. Because several candidates are present, you will not be asked constantly. Stay mentally in the case during the pauses anyway, since the next question can land on you quickly.

What is the preliminary conversation?

In North Rhine-Westphalia, the chair of the examination committee should consult each candidate individually before the oral exam (section 15 JAG NRW). In the committee's preliminary deliberation, the chair then reports on this conversation (section 16(2) JAG NRW). What is discussed in it is not regulated. Whether and in what form other states provide such a conversation has not been checked here, so do not treat it as a sure rule for your state. Ask the examination office or read the notes for your appointment.

Is there a file presentation (Aktenvortrag) in the first exam?

The Aktenvortrag, a short talk on a case file, is mainly known from the second state exam. For the first exam it does not appear in the two regulations checked here: neither section 15 JAG NRW nor section 32 BayJAPO mentions a presentation. That does not mean no state has one, and a statement for all states would be unreliable without checking every regulation. Look in your own regulation to see whether a talk belongs to the oral exam and how much preparation time you get.

How is the grade calculated?

Again, state law decides. Two verified examples:

• North Rhine-Westphalia: under section 18 JAG NRW, the written papers count 65 percent in total and the performance in the examination conversation 35 percent. The score of each paper is multiplied by 65/6, the score of the conversation by 35, and the sum is divided by 100. At least 4.00 points are needed to pass. Individual performances are graded in whole points from 0 to 18 under section 17; 16 to 18 points mean “sehr gut” (very good), 4 to 6 points “ausreichend” (sufficient).
• Bavaria: in the oral exam, one individual grade is given for each of the areas named in section 28(2), sentence 1, nos. 1 to 3; the oral grade is the sum of these grades divided by three (section 33 BayJAPO). In Bavaria, the overall grade is 70 percent written and 30 percent oral (section 34(1) BayJAPO).

For planning: in Bavaria the panel decides on the oral performances by majority vote after joint deliberation, in North Rhine-Westphalia the examination committee does so after preliminary deliberation. A grade is therefore a group judgement, not one examiner’s opinion.

How do I prepare for the oral exam?

Because the conversation is mainly a test of understanding according to the Bavarian text, pure memorising helps only so far. These steps have proved useful:

1. Clarify the format. Read section 15 or the equivalent in your state and the notes from the examination office: length, group size, listeners, preliminary conversation, permitted aids.
2. Practise out loud. Answering orally is its own skill. Answer cases aloud in full sentences instead of solving them in your head. Short, structured answers work better than long monologues.
3. Structure over detail. If you have the solution scheme in your head, you can organise even an unfamiliar question. More in our article How to study law: cases and schemes.
4. Retrieve instead of rereading. Cover flashcards or scripts and formulate the answer yourself first.
5. Simulate a mock exam. Find a study group in which one person examines in turn while the others listen. You also practise handling other candidates’ answers. How oral exams generally work is explained in How does an oral exam work?.
6. Follow current developments. In Bavaria, current law must be in the foreground (section 32(1), sentence 3 BayJAPO), so look at recent changes and major decisions in the examined areas.
7. Expect nerves. A blackout in an exam is a well-known problem. You will find helpful thoughts in the exam preparation category.

LearnCastAI can support your practice: from your own scripts and notes you can create flashcards and an oral exam simulation. That replaces neither a commercial revision course nor a real mock exam, and you must check the content for correctness yourself. We also have a page for law students.

What does this mean for planning?

Clarify three things early: when is your appointment, what are the numbers in your regulation (length, group, weighting), and which areas of law are examined. Also expect regulations to change. The versions cited here were the retrievable ones on 7 October 2026; whether they still apply on your exam date, you must check yourself.

Conclusion

In both states checked, the oral exam is a group conversation, in Bavaria expressly one that is predominantly about understanding. The federal government sets only the framework; length, group size, preliminary conversation and weighting are laid down in each state’s regulation. If you read it early, practise aloud and master the schemes, you will walk in more calmly. LearnCastAI can help with revision but does not guarantee exam success.