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OVG reverses ruling: No purchase made for state test

In Bremen, a woman succeeds in appealing to the OVG against the cancellation of her second law exam. The panel of judges rules that she had not purchased any exam solutions.

SymClub
May 2, 2024
2 min read
NewssyltWithdrawalHamburgProcessesState examinationJusticeLower Saxony
The Administrative Court Rules stand on a table next to files in the Lower Saxony Higher...
The Administrative Court Rules stand on a table next to files in the Lower Saxony Higher Administrative Court.

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Judicial retribution is in the works. - OVG reverses ruling: No purchase made for state test

A woman from Bremen succeeded in appealing a decision by the Higher Administrative Court of Lower Saxony (OVG) to revoke her second state examination in law. The Judicial Examination Office claimed that she had used exam solutions sold to her by a lawyer from Hamburg who acted as a revision tutor. On Tuesday, the OVG reversed this decision, noting that an appeal was not allowed.

The woman, who was previously denied her first state exam, argued in court that she had no knowledge of mock papers or exam solutions during the time she took the exams. Her performance was remarkable, progressing from a failed first exam to an award-winning result. She had studied in Bremen and finished her legal clerkship at the Celle Higher Regional Court.

The plaintiff divulged that she had spent 17,000 euros on private and group sessions with a tutor. Her affluent family allowed her to keep the expenses private. She testified that her relationship with the lawyer-tutor was professional, and she could not reminisce any Christmas gift from him. To explain a cash withdrawal of 32,000 euros right before the exam, she stated she paid for 3 guest rooms' furniture delivery and several handyman services in her mother's house on Sylt. Alongside this, she withdrew around 8,000 euros in cash to spend a few days on Sylt and invite friends for dinner.

The lawyer might have obtained the solutions from a former judge, who was seconded to the State Judicial Examination Office at that time. In court, the former judge asserted that he did not give the plaintiff any exam answers, as a court spokesperson confirmed that same evening.

Through the District Court of Lüneburg, the judge was convicted in 2015 of selling exam solutions for state law examinations. The head of the department at the state justice examination office was found guilty of bribery, attempted coercion, and betrayal of official secrets.

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Source: www.stern.de

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