Staatsexamen Practice Test 2026

About the Staatsexamen exam

The German State Examination (Staatsexamen) is a professional examination administered in Germany. It is designed to assess candidates' knowledge and proficiency across 4 key subject areas including Law, Medicine, Teaching, Pharmacy. This exam is widely recognized as an essential benchmark for students and professionals.

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Staatsexamen — quick answers

Staatsexamen at a glance

8 free Staatsexamen practice questions (2026)

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1. A enters a crowded department store and intentionally hides a high-value watch in his deep jacket pocket with the immediate intention to keep it, but he is intercepted by a store detective while still walking toward the exit. Has A completed theft (Diebstahl, § 243 StGB or § 242 StGB)?

   • Yes, because the watch was successfully removed from the owner's immediate sphere of control.
   • No, theft requires that the perpetrator successfully leaves the building with the stolen item.
   • No, because the new possession (Gewahrsam) has not yet been securely established against the will of the previous owner.
   • Yes, because the subjective intent to misappropriate (Zueignungsabsicht) was fully realized through the act of hiding the watch.
   Show answer & explanation

   Answer: C. No, because the new possession (Gewahrsam) has not yet been securely established against the will of the previous owner.

   According to the prevailing legal doctrine and BGH jurisprudence, new Gewahrsam (possession) is only established when the perpetrator can exercise factual control over the item without hindrance from the previous owner. In a department store, merely hiding an item in one's pocket does not break the owner's latent sphere of control until the cashier counter or exit area is passed without detection.

   Topic: Law · hard

2. Which of the following describes the legal nature of a preliminary injunction (einstweilige Verfügung) in German civil procedural law (ZPO)?

   • It is a final and binding determination of the substantive claim (Hauptsacheanspruch) that cannot be challenged.
   • It is a provisional measure requiring both a claim to be secured (Anordnungsanspruch) and a ground for urgency (Anordnungsgrund).
   • It is an extraordinary legal remedy (außerordentliches Rechtsmittel) against judgments of the Higher Regional Court.
   • It can only be granted after an oral hearing involving mandatory personal testimony from both parties.
   Show answer & explanation

   Answer: B. It is a provisional measure requiring both a claim to be secured (Anordnungsanspruch) and a ground for urgency (Anordnungsgrund).

   To obtain a preliminary injunction under §§ 935, 940 ZPO, the applicant must substantiate both the substantive right they are asserting (Anordnungsanspruch) and the necessity for a swift, temporary regulation to prevent irreparable harm (Anordnungsgrund).

   Topic: Law · medium

3. Under the German Civil Code (BGB), what is the legal consequence if an agent enters into a contract on behalf of a principal without having the requisite power of attorney (Vertreter ohne Vertretungsmacht, § 177 BGB)?

   • The contract is automatically void ab initio and cannot be ratified.
   • The contract is valid immediately, but the agent is personally liable for damages.
   • The contract is pending invalidity (schwebend unwirksam) and becomes effective retroactively if the principal grants subsequent approval (Genehmigung).
   • The principal is bound by the contract under the doctrine of apparent authority (Anscheinsvollmacht) regardless of the agent's intent.
   Show answer & explanation

   Answer: C. The contract is pending invalidity (schwebend unwirksam) and becomes effective retroactively if the principal grants subsequent approval (Genehmigung).

   According to § 177 BGB, a contract concluded by an unauthorized agent is pendingly invalid (schwebend unwirksam). It becomes fully effective ab initio if the principal subsequently approves (Genehmigung) it pursuant to § 184 BGB.

   Topic: Law · mixed

4. Which constitutional principle under the German Basic Law (Grundgesetz - GG) prohibits the state from employing measures that are excessively burdensome or disproportionate to the legitimate objective pursued?

   • The principle of democracy (Demokratieprinzip, Art. 20 Abs. 1 GG)
   • The principle of the rule of law (Rechtsstaatsprinzip), specifically the principle of proportionality (Verhältnismäßigkeitsgrundsatz)
   • The social state principle (Sozialstaatsprinzip, Art. 20 Abs. 1 GG)
   • The federal principle (Bundesstaatsprinzip, Art. 20 Abs. 1 GG)
   Show answer & explanation

   Answer: B. The principle of the rule of law (Rechtsstaatsprinzip), specifically the principle of proportionality (Verhältnismäßigkeitsgrundsatz)

   The principle of proportionality (Verhältnismäßigkeit), derived from the rule of law (Rechtsstaatsprinzip) alongside fundamental rights, requires that any state interference with rights must pursue a legitimate aim, be suitable, necessary, and proportionate in the strict sense.

   Topic: Law · easy

5. Owner O lends his car to B. B unlawfully sells and delivers the car to C, who purchases it in good faith, believing B is the owner. What are O's rights against C under the German Civil Code (BGB)?

   • O can reclaim the car immediately under § 985 BGB because B lacked ownership.
   • O cannot reclaim the car under § 985 BGB because C acquired ownership in good faith pursuant to § 932 BGB.
   • O can claim damages from C under § 823 Abs. 1 BGB for tortious conversion.
   • C only acquires a security interest, while O remains the owner.
   Show answer & explanation

   Answer: B. O cannot reclaim the car under § 985 BGB because C acquired ownership in good faith pursuant to § 932 BGB.

   Under § 932 BGB, a good faith acquisition (gutgläubiger Erwerb) from a non-owner (B) is possible if the buyer acts in good faith regarding the ownership of the transferor. Since B delivered the car, C successfully acquired ownership, eliminating O's vindication claim under § 985 BGB.

   Topic: Law · medium

6. In administrative law, what distinguishes a discretionary act (Ermessensentscheidung) from a bound administrative act (gebundene Entscheidung)?

   • Discretionary acts do not require a legal basis in a statute, whereas bound acts do.
   • In a discretionary act, the authorities have a choice of whether and how to act within the limits set by law, whereas bound acts leave no room for administrative choice if the statutory prerequisites are met.
   • Bound acts can only be challenged in civil courts, whereas discretionary acts fall under administrative court jurisdiction.
   • Discretionary acts are exempt from judicial review by the Administrative Courts (Verwaltungsgerichte).
   Show answer & explanation

   Answer: B. In a discretionary act, the authorities have a choice of whether and how to act within the limits set by law, whereas bound acts leave no room for administrative choice if the statutory prerequisites are met.

   A bound act (gebundene Entscheidung) mandates a specific legal consequence if the statutory requirements are fulfilled. A discretionary act (Ermessen, § 40 VwVfG) grants the authority a choice of action, subject to judicial review for misuse of discretion (Ermessensfehler).

   Topic: Law · easy

7. A intentionally fires a gunshot at V with intent to kill. The bullet misses V entirely due to poor aim, but unexpectedly hits and kills bystander B, whom A did not see. How is A's criminal liability classified under German criminal law?

   • Attempted murder regarding V, and murder through negligence regarding B.
   • Attempted murder regarding V, and completed murder regarding B (Ablatio ictus / Aberratio ictus rule).
   • Completed murder regarding V under the doctrine of versus generalis.
   • Completed manslaughter regarding B with premeditation.
   Show answer & explanation

   Answer: B. Attempted murder regarding V, and completed murder regarding B (Ablatio ictus / Aberratio ictus rule).

   This classic case describes 'aberratio ictus' (deviation of the blow). A acted with intent (Vorsatz) regarding V, but missed. Regarding B, A lacked intent since B was not the target of the volitional element of intent. Therefore, the result is treated as attempted murder/homicide regarding V, and negligent homicide regarding B (or intentional homicide if dolus eventualis regarding the bystander can be established, but standard doctrine separates intent per target object).

   Topic: Law · hard

8. What is the primary function of the abstract acknowledgement of debt (schuldrechtliches abstraktes Schuldanerkenntnis) pursuant to § 781 BGB?

   • It transfers ownership of real estate without requiring a notarized deed.
   • It creates an independent obligation that is legally detached from the underlying legal relationship (Grundgeschäft), shifting or easing the burden of proof or establishing a new claim.
   • It serves as a punitive measure against debtors who default on payments.
   • It replaces a valid contract with an oral agreement.
   Show answer & explanation

   Answer: B. It creates an independent obligation that is legally detached from the underlying legal relationship (Grundgeschäft), shifting or easing the burden of proof or establishing a new claim.

   An abstract acknowledgement of debt under § 781 BGB creates an independent obligation intended to establish a claim regardless of the underlying cause, or to simplify enforcement and evidentiary burdens, requiring written form (Schriftform).

   Topic: Law · hard

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Staatsexamen Exam Subjects

Available practice subjects: Law, Medicine, Teaching, Pharmacy. Select a subject for focused preparation. Coverage is not a guarantee of the complete official syllabus.

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