ListView with match_parent and weight=1 are calculating their needed space wrong

[DEvil0000]

seen on android 4.2.
i would expect that a ListView with match_parant or weight=1 would fill the parent.
but it does not fill the parent.
now here the real problem comes into play:
lets say i have just 1 row. the ListView matches this one row. if i scroll the ListView i see the elements getting hidden on their bottom (so at the bottom of row 1). if i scroll up i see the end of list highlight under the first and only row.
this looks wrong if i want my ListView taking all the space i have