How to solve German law cases

What the expert-opinion style is

In the expert-opinion style you keep the result open. You pose a question, state the requirements, test them against the facts and only then reach a result. Its counterpart is the judgment style, which states the result first and justifies it afterwards. Exams in the degree and in the first state exam require the expert-opinion style.

The four steps

1. Major premise: which legal consequence might follow? “A may have a claim against B for payment of €500 under § 433(2) BGB.”
2. Definition: what does the law require? You name the requirement and define it.
3. Subsumption: you test whether the facts meet the definition.
4. Result: you state whether the requirement is met and what follows.

Proportion matters. Unproblematic points you state briefly, even in judgment style. You go into detail where the facts give hints or views conflict.

Spotting issues in the facts

The hardest skill is not writing but seeing. A good set of facts has few wasted details. A date, a time or an age is usually there for a reason.

• A minor buys something? Think of legal capacity.
• A letter arrives at the weekend? Think of when a declaration takes effect.
• Someone sells a thing they do not own? Think of good-faith acquisition.
• The police tow a car? Think of jurisdiction, danger and costs.

You only build these links between signal and issue through many cases. That is why Lexxington has nearly 5,000 short cases from every subject, each testing individual steps through several statements.

How Lexxington trains case solving

Short cases with statements

A case in the app is a few sentences of facts and several statements. Each statement matches one step of the analysis, for example “The bid is an offer under § 145 BGB.” You decide whether it is right, then see the reasoning and the provision. You practise subsumption in small units, many times a day.

Drawings as memory aids

Many cases come with their own drawing. Image and text together lay down two memory traces, which Paivio described as dual coding. Remember the scene and you find the issue again.

Exam schemes

132 exam schemes give you the structure, from a primary contractual claim to a constitutional complaint. Learn the scheme first, then apply it in cases.

Timed exams

In 33 timed exams you write full solutions under time pressure, graded on the 0 to 18 point scale.

A short example

Facts: M, aged 16, buys a phone for €400 without her parents knowing. She pays with money her grandmother gave her to use as she likes.

Major premise: the sale could be valid. M is a minor and has limited capacity (§ 106 BGB). Without her parents’ consent her declaration is provisionally ineffective, unless an exception applies.

Subsumption: under § 110 BGB a contract is valid from the start if the minor performs with means given to them for that purpose or for free disposal by a third party with the consent of the legal representative. Whether the parents agreed to the gift for free use is decisive here, and the facts must be interpreted on that point.

These are exactly the questions the app asks as statements. More on the subject under the BGB General Part.

Five habits for better case solutions

1. Solve a few cases every day rather than many once a week.
2. Mix subjects so you learn to recognise the issue yourself.
3. Rate your confidence before answering. Confident errors stick especially well once corrected.
4. Always read the reasoning, even when your answer was right.
5. Know the schemes by heart before you write full exams.

More on the method in learn German law.

Frequently asked questions