PracticeVideosBlogFlashcardsEspañol
All Practice Exams

Free Practice Questions for Avvocato dello Stato

Exam-style questions and explanations by OpenExamPrep.

✓ No registration✓ No credit card
100+ Questions
100% Free

Loading practice questions...

Exam Review

Key Facts: Avvocato dello Stato Exam

4 × 8 hours

Written Examination Papers

Avvocatura dello Stato — Come si diventa Avvocato dello Stato

7/10 & 8/10

Minimum Mark per Paper and Written Average Required

Bando D.A.G. 14 June 2023, Article 6

8/10

Minimum Mark in Each Oral Test

Bando D.A.G. 14 June 2023, Article 6

15

Subjects in the Oral Examination

Avvocatura dello Stato — Come si diventa Avvocato dello Stato

24 hours

Minimum Notice of the Oral Defence Dispute

Avvocatura dello Stato — Come si diventa Avvocato dello Stato

8

Posts in Most Recent Completed Competition (D.A.G. 14 June 2023)

Gazzetta Ufficiale 4ª Serie Speciale n. 46 of 20 June 2023

Italy's Avvocato dello Stato competition has four eight-hour written papers and two oral tests, requiring 7/10 per paper, an 8/10 average, and 8/10 in each oral. This bank is an independent English-language MCQ study adaptation.

Sample Avvocato dello Stato Practice Questions

Try these sample questions to review concepts for the Avvocato dello Stato exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Justinian's Institutes (3.13 pr.) open the law of obligations with a definition that civil-law essays still quote. What does that definition say an obligatio is?
A.A power over the debtor's person that let the creditor hold the debtor in bondage until the debt was paid
B.An agreement between the parties that became actionable only when clothed in a recognised contractual form
C.A legal bond by which we are bound by necessity to perform something according to the laws of our state
D.A right over the debtor's assets that the creditor could enforce against anyone who later acquired them
Explanation: Inst. 3.13 pr. states: 'obligatio est iuris vinculum, quo necessitate adstringimur alicuius solvendae rei, secundum nostrae civitatis iura'. The definition stresses a legal bond between determined persons rather than physical power, which is why an obligation gives a right in personam and not a right in rem. The same title then divides obligations into civil and praetorian ones before turning to their sources.
2Which sequence correctly traces how Roman legal sources classified the sources of obligations?
A.Gaius's Institutes: contract or delict; Res cottidianae (D. 44.7.1 pr.): contract, wrongdoing or various other causes; Justinian: four species
B.Gaius's Institutes: four species; Res cottidianae (D. 44.7.1 pr.): contract or delict; Justinian: contract, wrongdoing or various other causes
C.Gaius's Institutes: contract, wrongdoing or various other causes; Res cottidianae (D. 44.7.1 pr.): four species; Justinian: contract or delict
D.Gaius's Institutes: contract or delict; Res cottidianae (D. 44.7.1 pr.): four species; Justinian: contract, wrongdoing or various other causes
Explanation: Gaius 3.88 states that every obligation arises either from contract or from delict ('vel ex contractu nascitur vel ex delicto'). A passage from Gaius's Res cottidianae preserved in D. 44.7.1 pr. adds obligations arising 'proprio quodam iure ex variis causarum figuris'. Justinian's Institutes (3.13.2) then set out four species: ex contractu, quasi ex contractu, ex maleficio and quasi ex maleficio. Article 1173 c.c. keeps an open list: contract, unlawful act, or any other act or fact capable of producing obligations under the legal order.
3According to Gaius (3.92–3.93), which statement about the verbal obligation created by stipulatio is correct?
A.It required a document signed before witnesses; the spoken question and answer served only as evidence
B.DARI SPONDES? SPONDEO belonged to the ius gentium, while PROMITTIS? PROMITTO was reserved to citizens
C.Only Latin wording was valid, so a stipulation expressed in Greek was void even between two Roman citizens who spoke Greek
D.It arose from question and answer; SPONDES? SPONDEO was reserved to citizens, other forms were open to all
Explanation: Gaius 3.92: 'Verbis obligatio fit ex interrogatione et responsione', with examples such as DARI SPONDES? SPONDEO, DABIS? DABO and PROMITTIS? PROMITTO. Gaius 3.93 adds that the SPONDES? SPONDEO form is proper to Roman citizens, while the other forms belong to the ius gentium and are valid between citizens and foreigners alike, even when expressed in Greek, provided the parties understand the language.
4Under the first chapter of the lex Aquilia, as reported by Gaius (3.210), what was a person who wrongfully killed another's slave or herd animal ordered to pay the owner?
A.Its market value on the day of the killing, reduced where the owner had contributed to the loss
B.The highest value that the slave or animal had reached within that year
C.Twice its value at the time of judgment, whether or not the defendant contested liability
D.Its value in the thirty days before the killing, as assessed by the praetor
Explanation: Gaius 3.210: whoever wrongfully killed another's slave, or a four-footed animal counted among herd animals, was condemned to pay the owner 'quanti ea res in eo anno plurimi fuerit' – the highest value in that year. Gaius 3.212 adds that not only the body is valued: further loss to the owner, such as an inheritance the slave would have acquired, is also assessed. The amount was doubled only against a defendant who denied liability.
5What do Gaius 3.211 and 3.217 show about the scope of liability for wrongful damage (damnum iniuria datum)?
A.Liability was strict, so an owner recovered even for losses caused by pure accident without any fault or malice on anyone's part
B.The third chapter covered only wounded slaves, leaving damage to inanimate things to other remedies
C.Killing 'iniuria' required dolus or culpa, and the third chapter reached other damage such as burning or breaking things
D.Only intentional killing was actionable, and negligent harm could be pursued solely through contract actions
Explanation: Gaius 3.211 explains that a person kills 'iniuria' when the death occurs through his dolus or culpa; one who causes damage by accident, without fault or malice, is not liable. Gaius 3.217 says the third chapter covers all other damage: wounding a slave or herd animal, wounding or killing other animals such as a dog or a bear, and harm to inanimate things that are burnt, broken or smashed (ustum, ruptum, fractum).
6A civil-law essay compares Diocletian's rule in C. 2.3.20 with Article 1376 c.c. Which statement is accurate?
A.Roman law passed ownership by delivery or usucapion, not bare pacts; Article 1376 c.c. passes it by lawfully expressed consent
B.Both systems pass ownership by bare consent, and C. 2.3.20 required delivery only as proof that the transfer occurred
C.Roman law passed ownership by bare pacts, whereas Article 1376 c.c. requires delivery for determined movable things
D.Both systems require entry in a public register before ownership passes, even as between the contracting parties themselves
Explanation: C. 2.3.20 states: 'traditionibus et usucapionibus dominia rerum, non nudis pactis transferuntur'. Roman law therefore separated the agreement justifying the transfer from the mode of acquisition, such as delivery. Article 1376 c.c. adopts the consensual principle: in contracts transferring ownership of a determined thing, or creating or transferring a real right, the right passes by effect of the parties' lawfully expressed consent.
7Gaius (2.2–2.11) divides things into those of divine law and those of human law. Which statement matches his account?
A.Public things such as rivers belong to divine law, while sacred things fall under human law
B.Things of divine law belong to the priestly colleges, which may sell them only with the Senate's consent
C.City walls and gates are private things of the inhabitants and therefore fall under human law
D.Sacred and religious things, and in a sense walls and gates, are of divine law and belong to no one
Explanation: Gaius 2.2–2.3 splits things into those of divine law (res sacrae and res religiosae) and those of human law. Gaius 2.8 adds that res sanctae such as walls and gates are 'quodam modo' of divine law, and 2.9 says that what is of divine law is in no one's ownership (nullius in bonis). Things of human law are either public, regarded as belonging to the community as a whole, or private (2.10–2.11). Res extra commercium were one of the Roman-law themes offered in the 2023 civil-law paper.
8How do Justinian's Institutes (3.27.6) classify the obligation of a person who receives by mistake a payment that was not due?
A.As an obligation ex delicto, akin to theft, because the recipient keeps another's money
B.As an obligation quasi ex contractu, enforced by condictio as if a loan had been made
C.As a natural obligation that cannot be sued upon, because the payer acted voluntarily
D.As an obligation quasi ex maleficio, actionable only if the recipient knew nothing was due
Explanation: Inst. 3.27.6: 'is cui quis per errorem non debitum solvit quasi ex contractu debere videtur'. The text explains that the recipient is not properly bound by contract, since the payer meant to end rather than create a relationship, but is liable 'ac si mutuum illi daretur, et ideo condictione tenetur'. The modern counterpart is recovery of undue payment (ripetizione dell'indebito) under Article 2033 c.c.
9Which group lists only actions that Gaius (4.62) names as bonae fidei iudicia?
A.ex stipulatu, ex testamento, mandati, depositi
B.certae pecuniae, ex empto vendito, pro socio, tutelae
C.ex empto vendito, locato conducto, tutelae, fiduciae
D.legis Aquiliae, locato conducto, depositi, rei uxoriae
Explanation: Gaius 4.62 lists the bonae fidei iudicia: ex empto vendito, locato conducto, negotiorum gestorum, mandati, depositi, fiduciae, pro socio, tutelae and rei uxoriae. In these actions the judge assessed what was owed according to good faith and could take set-off into account (Gaius 4.63). Modern law generalises the standard through the duties of correctness and good-faith performance in Articles 1175 and 1375 c.c.
10Which Roman maxim is traditionally cited as the equitable root of the general action for unjust enrichment in Article 2041 c.c.?
A.Iure naturae aequum est neminem cum alterius detrimento et iniuria fieri locupletiorem
B.Nemo plus iuris ad alium transferre potest quam ipse haberet
C.Qui iure suo utitur neminem laedit
D.Nemo auditur propriam turpitudinem allegans
Explanation: Pomponius's rule in D. 50.17.206 – by natural law it is fair that no one should become richer through another's loss and injury – is the classic reference for the prohibition of unjustified enrichment. Article 2041 c.c. turns it into a general, subsidiary action: whoever is enriched without just cause to another's detriment must indemnify the correlative loss within the limits of the enrichment. The 2023 civil-law paper asked candidates to discuss this action after outlining Roman quasi-contracts.

About the Avvocato dello Stato Exam

The Concorso per Avvocato dello Stato is the second-level public competition for recruiting avvocati dello Stato, who represent and advise the State, ministries and authorised public bodies. It is open only to qualified legal professionals, including serving procuratori dello Stato, magistrates, lawyers with six years at the bar, qualifying public officials and university law teachers. The assessment has four eight-hour written papers – a civil defence brief, a civil-law essay with Roman-law background, an administrative or tax paper and a criminal paper – followed by a fifteen-subject oral examination and an oral defence on a dispute assigned 24 hours in advance. OpenExamPrep offers independent practice on these topics as an English-language MCQ study adaptation, keeping Italian legal terms and statutory references.

Exam sponsor: Avvocatura Generale dello Stato. The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Written: four theoretical-practical papers of eight hours each, held on four consecutive days: 1) civil law and civil procedure defence brief; 2) theoretical civil-law essay with reference to Roman law; 3) administrative or tax law defence brief or essay; 4) criminal law and criminal procedure defence brief or essay. Admission to the orals requires at least 7/10 in each paper and an average of at least 8/10. Oral, on two different days: 1) an examination on civil law, Roman law, civil procedure, criminal law, criminal procedure, labour law, social legislation, administrative law, tax law, State accounting, regional law, EU law, constitutional law, ecclesiastical law, and public and private international law; 2) an oral defence on a court dispute assigned at least 24 hours in advance. Each oral test requires at least 8/10.

Time Limit

8 hours for each of the 4 written papers

Passing Score

At least 7/10 in each written paper and an average of at least 8/10; at least 8/10 in each oral test

Exam / Certification Fees

€15 secretariat fee in the 2023 call; each new call sets its own fee, and none is open as of September 2026

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Official sources

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

33%

Civil Law, Civil Procedure & Roman Law

Roman-law foundations from Gaius and Justinian, unjust enrichment, civil liability, transcription and real rights, and post-2022 civil procedure from the defence brief to cassation.

25%

Administrative, Public Employment, Tax & Accounting Law

Law 241/1990 after Law 182/2025, the Code of Administrative Procedure, D.Lgs. 36/2023, public employment disputes, tax litigation and the Taxpayers' Statute, and the Corte dei conti.

20%

Criminal Law and Procedure

Legality and analogy, prescription, offences against the public administration, family offences, and the civil party's position after the Cartabia reform.

22%

Constitutional, EU, International & Ecclesiastical Law and State Litigation

Constitutional adjudication, regional law, international and EU litigation, ecclesiastical law, foreign judgments, the foro erariale and the Avvocatura's organization.

Preparing for the Avvocato dello Stato Exam

What You Need to Know

  • Passing score: At least 7/10 in each written paper and an average of at least 8/10; at least 8/10 in each oral test
  • Assessment: Written: four theoretical-practical papers of eight hours each, held on four consecutive days: 1) civil law and civil procedure defence brief; 2) theoretical civil-law essay with reference to Roman law; 3) administrative or tax law defence brief or essay; 4) criminal law and criminal procedure defence brief or essay. Admission to the orals requires at least 7/10 in each paper and an average of at least 8/10. Oral, on two different days: 1) an examination on civil law, Roman law, civil procedure, criminal law, criminal procedure, labour law, social legislation, administrative law, tax law, State accounting, regional law, EU law, constitutional law, ecclesiastical law, and public and private international law; 2) an oral defence on a court dispute assigned at least 24 hours in advance. Each oral test requires at least 8/10.
  • Time limit: 8 hours for each of the 4 written papers
  • Exam / certification fees: €15 secretariat fee in the 2023 call; each new call sets its own fee, and none is open as of September 2026 Official sources

Using Our Practice Resources

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

Avvocato dello Stato: Suggested Study Strategy

1Practise drafting full defence briefs (atti defensionali) in civil, administrative and criminal matters, focusing on preliminary objections, burdens of proof and precise conclusions.
2Study Roman law from the texts candidates may consult – Gaius's Institutes and the Corpus Iuris – and connect it to modern institutions such as unjust enrichment, delictual liability and transfer of ownership.
3Review R.D. 1611/1933, Law 103/1979 and Article 25 c.p.c. to understand the Avvocatura's mandatory and authorised representation and the foro erariale.
4Keep up with recent reforms and rulings, including D.Lgs. 36/2023, the Cartabia civil and criminal reforms, Law 114/2024, Law 182/2025 on ex officio annulment, and Cass. S.U. 11513/2026 on unjust enrichment.
5Prepare for the oral defence by analysing a dispute within 24 hours, identifying jurisdiction, forum and procedural issues before the merits.

Frequently Asked Questions

How is the Avvocato dello Stato competition structured?

The competition has four written papers of eight hours each, held on consecutive days, followed by two oral tests on different days. The written papers are a civil law and procedure defence brief, a theoretical civil-law essay with reference to Roman law, an administrative or tax law brief or essay, and a criminal law and procedure brief or essay. Candidates who pass the written stage sit an oral examination on fifteen subjects and an oral defence on a dispute assigned at least 24 hours in advance.

What passing marks are required?

Candidates must obtain at least 7/10 in each of the four written papers and an average of at least 8/10 across them to be admitted to the orals. In the oral stage they must obtain at least 8/10 in the examination and at least 8/10 in the oral defence.

Who is eligible to take the Avvocato dello Stato competition?

It is a second-level competition, so law graduates cannot apply directly. Eligibility is limited to Italian citizens in listed categories, including procuratori dello Stato with at least two years of service, ordinary magistrates meeting the call's seniority condition, military and administrative magistrates, lawyers enrolled in the bar for at least six years, qualifying State, regional and local public employees with five years of service who passed the bar qualification exam, and university law teachers who passed that exam.

Which materials may candidates consult during the written papers?

Under the 2023 call, candidates could consult only codes, laws and decrees of the State, the Corpus Iuris and Gaius's Institutes, in editions without notes. The texts had to be handed in at the exam venue beforehand for checking, and annotated or commented codes, Constitutional Court judgments and circulars were excluded.

Are OpenExamPrep questions official competition questions?

No. OpenExamPrep provides independent practice on the subjects of the Avvocato dello Stato competition as an English-language MCQ study adaptation. The real competition consists of Italian-language written defence briefs, theoretical essays and oral tests, so the questions support revision of rules, case law and procedure but cannot replace practice in writing papers or arguing a case.