Einführung in das Prüfungsrecht

- the law governing examination is no exception in this regard. In other words, the grade may get worse. However, there are stricter rules than usual, pertaining to particularities of the law governing examinations. There are two categories of errors: one is a material grading error, the other a procedural error. Material grading errors are usually remedied by grading the test again. Procedural errors demand a repeated examination, at least pertaining to the faulty part. The adjudication of material grading errors poses difficulties. Part of the grading process is an assessment by the examiner which is subject to no more than limited judicial review. That, of course, is a rule of law problem – in order to compensate, the examiner must be granted the opportunity to »rethink« his or her grade. The public law governing examinations may also guide civil law suits in that area and provides the applicable foundations.