virginia bar exam essay subject frequency chart

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Mastering the Virginia Bar Exam Essay Section: A Comprehensive Guide

Tackling the essay section of the Virginia Bar Exam requires a unique strategy. This guide aims to provide a comprehensive understanding of how to effectively navigate this challenging segment of the test, given its different grading standards and essay expectations compared to other states.

Understanding the Unique Nature of the Virginia Bar Exam

Historically, each state had its own unique bar exam. Major bar prep programs like Barbri, Kaplan, and Themis used to customize their materials for every state. However, as most states adopted the Uniform Bar Exam (UBE), these prep programs adjusted their materials to suit a larger audience. They still offer customized outlines and lectures for Virginia, but much of their general essay-writing advice is not well-tailored for Virginia essays and is more accurate for students taking the Multi-State Essay Exam as part of the UBE.

The issue lies in the fact that the essay section of the Virginia Bar exam differs significantly from the UBE’s multi-state essay exam in terms of what it assesses and how it is graded. Consequently, passing the Virginia essay exam calls for specific, tailored advice, which often diverges from the general essay writing advice provided by these prep courses.

The Essentials of Navigating the Virginia Bar Exam

More than just a test of legal knowledge, the Virginia Bar exam gauges your ability to distinguish between relevant and irrelevant information. The examiners will supply specific questions related to the fact pattern, unlike in UBE states or on law school exams, where you may have been asked to find all legal issues within the pattern.

Furthermore, the examiners grade partially based on relevance and scope, meaning you could lose points for including legally correct rules that don’t apply to the question. This practice contrasts with the multi-state essay exam, where the goal is often to find and discuss all legal issues in each fact pattern.

There is almost no overlap between the MBE and the Virginia Essay Exam

Unlike UBE states, where examinees take the MBE and the MEE, in Virginia, you must approach the Multistate Bar Exam (MBE) and the Virginia essay exam as two completely separate tests. Besides federal jurisdiction and the Uniform Commercial Code, there’s hardly any overlap between the two exams, necessitating customized study strategies. What might be a correct response on the MBE could be incorrect on the Virginia essay exam, and vice versa.

How to Prioritize Study Topics

A common yet misguided practice is to predict the frequency of topics that might appear on the exam by using a “subject frequency chart”. But the Virginia exam is no more or less likely to test a particular subject based on past frequency. Instead, the emphasis should be on the weight each topic carries when it does appear, as that significantly influences your overall score and determines how to spend your valuable study time.

The unique grading practices and essay expectations of the Virginia Bar exam present a distinct challenge. To succeed, it’s critical to understand the workings of the exam, adapt your study strategies accordingly, and prioritize topics based on their weight rather than frequency.

As you embark on the journey of preparing for the essay section of the Virginia Bar Exam, there are a few strategies and concepts that will be key to your success. With a focus on understanding the weight of different topics, applying a solid framework for answering questions, and a thoughtful approach to studying, you will increase your chances of achieving a positive outcome.

Prioritizing Subjects in Your Study

Knowing where to focus your attention is a crucial part of preparing for the bar exam. Virginia Civil Procedure is the most important subject, constituting sometimes as much as an estimated 20% of the exam points. Therefore, a solid grasp of this subject will set you miles ahead of the competition. Virginia procedure is often tested with its own fact pattern, and then elements of it are also tested within other subject areas. Wills and Federal Jurisdiction also rank high, and when tested, they often form the core of entire fact patterns.

Less important are the second-tier and lower subjects. Subject charts within the LexBar course categorize subjects within groups, or “tiers” according to how important they are for your study time.

The third-tier subjects, although they may come up relatively often, are less important. Spending significant time on these at the expense of the higher tier subjects can lead to sub-optimal outcomes as you neglect enough time with higher-weight subjects in exchange for trying to learn every detail of a very low-weight subject.

Structuring Your Essay: The Rule-Analysis-Conclusion (RAC) Method

A useful strategy for structuring your essay responses is the Rule-Analysis-Conclusion (RAC) format . This method involves grouping all your rules together, followed by the analysis, and then concluding with a succinct answer for each sub-question under a given fact pattern.

Avoid intermingling your rules and analysis, as clarity is key. Ensure your answer is precise and direct, mirroring the examiners’ labeling. No other subheadings are needed.

Understanding and Answering Essay Questions

When it comes to the actual answering of essay questions, a methodical approach is recommended. Start by reading the question, then preview what your conclusion might sound like. Next, read the fact pattern to figure out what facts are relevant to the rules. Your conclusion should mirror the question, forming a declarative sentence that directly answers the question. This approach keeps you focused on the scope of the question and prevents you from veering off into irrelevant facts or rules.

Practicing with Past Virginia Bar Exams

Past exams can be a powerful tool in your preparation. They allow you to get a feel for the style of questions and how they are structured. Look out for multi-part questions, and practice turning the question into a declarative sentence to create your conclusion at the end of your answer.

Remember, the goal is to understand the question, decide on your conclusion, then which legal rules apply, and finally, use the facts to provide relevant analysis under the rules. This meticulous approach to essay answering will help you master the Virginia Bar Exam essay section.

The Virginia Bar Exam essay section is not merely about producing a good analysis; it’s about demonstrating your knowledge of the specific legal rules that apply within Virginia. In other words, a beautiful, logically constructed analysis can fall flat if it doesn’t include the correct legal rules. Therefore, the first step in succeeding in the essay section is to learn the law. But how should one go about this?

Learning Through Testing

One effective method of learning and remembering legal rules is through testing. This might involve writing full tests or, more practically, using a tool like flashcards. Creating flashcards on the specific legal rules you need to remember, and going through them repeatedly until you’ve memorized them, can be a very effective strategy. For instance, a flashcard could simply state “federal diversity jurisdiction” on one side, and on the other side, the associated legal rule: “The parties are completely diverse, and the amount in controversy is greater than $75,000 exclusive of costs and interest. Complete diversity means that no Plaintiff is a citizen of the same state as any defendant.”

This method of learning leverages the power of spaced-repetition testing, which research has shown to enhance memory retention. Even getting the answer wrong can help, as it primes your brain to correct and remember the right answer the next time you see it. Testing yourself could also take the form of practicing essays and self-grading, then making a note of every legal rule you miss or state incorrectly and committing those to memory.

Where to Get Material for Study

Deciding where to source your study material depends on the importance of the subject matter. For heavily tested subjects like Virginia procedure, an outline from a major bar prep program, such as Barbri, Themis, or Kaplan, could be invaluable. These detailed outlines can be transformed into flashcards for repeated study and memorization.

However, for less significant subjects like the Uniform Commercial Code (UCC), past exam questions and sample answers may suffice. Going through these past exams and extracting the legal rules will equip you with most of the legal rules that may come up on your exam. Virginia tends to test the same rules repeatedly, so familiarizing yourself with these can give you an edge.

The number of flashcards you make should reflect the importance of the subject matter. For instance, Virginia procedure, being the most important subject, should yield close to 300 flashcards. On the other hand, less significant subjects can have fewer flashcards.

Preparing for Certain Questions on the Virginia Bar Exam

There are certain questions that appear so often that you should have “rule scripts” memorized verbatim, that you could recite at a moment’s notice with virtually no forethought. For instance, questions involving Dillon’s rule, subject matter jurisdiction by diversity, and perfecting state court civil appeals come up so often that you should be able to write the rules without having to think. Having these rules hard-coded in your mind can save a significant amount of time during the exam.

Preparing for the essay section of the Virginia Bar Exam can be a daunting task. With the proper strategies and a clear understanding of how to approach legal analysis, you can significantly improve your chances of success. Let’s look at essential aspects of legal analysis, discuss key elements, and provide you with valuable tips to effectively tackle essay questions.

Understanding Legal Analysis

Legal analysis forms a crucial part of the “RAC” (Rule, Analysis, Conclusion) organization format that you should use for the Virginia exam. In the analysis section, you show your ability to connect the facts of the case to the relevant rules and draw logical conclusions. By effectively marrying the facts with the rules, you highlight your understanding of the law and its application.

Identifying Relevant Rules and Elements

To perform a strong legal analysis, you must start by clearly identifying the rules that apply to the given essay question. Different acronyms and keywords may be used to describe these rules, such as the “ocean” acronym, which stands for open and notorious, continuous, exclusive, adverse, and hostile, the elements of adverse possession. When encountering an adverse possession question under the real property rubric, you know that all these elements must be met for a period of 15 years in Virginia to establish title by adverse possession.

Crafting an Effective Analysis

In your analysis section, it is crucial to connect the facts of the case to the identified rules. By linking the facts to the rules, you show a thorough understanding of how the law applies in each situation. For example, if the fact pattern states that John occupied the parking lot openly and notoriously, with a shack that has remained there for seven years, you can assert that his possession was open and notorious and continuous for seven years because his shed was in an open parking lot used by others, and the facts tell us it remained there for seven years. This process of connecting the facts to the rules should be repeated throughout your analysis. Every rule element needs an associated fact, and every fact that you use in your analysis must directly connect to a rule element, or it shouldn’t be there.

Formulating a Precise Conclusion for the Virginia Bar Exam

After presenting your analysis, it is important to conclude your essay with a concise and precise statement that directly answers the question posed. For instance, if the question is, “Does Sam have standing to sue Jackson to require him to remove a shed?” then your conclusion should be, “Sam (does or does not) have standing to sue Jackson to require him to remove the shed.” By mirroring the question in your conclusion, you provide a clear and direct response that your grader will immediately recognize.

Applying the Approach: An Example Essay Question

To further illustrate the concepts we just covered, let’s analyze a sample essay question within the realm of real property. The question asks whether Sam has standing to sue Jackson to require him to remove a shed from the shared parking lot of a condominium association. The relevant rule states that in Virginia, only a unit association has standing to sue for misuse of common elements, while individual unit owners lack standing.

Marrying Facts to Rules

To decide which facts matter, we consider the two elements of the rule: 1) individual unit owners lack standing and 2) misuse of common elements. Among the provided facts, the fact that Sam occupied ten parking spaces in the common parking lot stands out as it aligns with the second element of the rule. Additionally, as to the first element of the rule, it is important to note that Sam is not the condo association itself but only an individual unit owner.

Writing an Effective Analysis

In the analysis section, we would say, “Sam occupied ten parking spaces in the common parking lot, which is a common element. Sam is merely an individual unit owner and does not represent the condo association itself.” Notice how this analysis is short but complete. We have addressed each element of the 2-element rule. We should refrain from introducing any irrelevant facts or guessing about potential outcomes, just to make the answer longer. Stop when you’ve fully answered the question. There is no need to speculate about what the condo association might do, or how Sam might be able to get the shed removed. Just answer the question.

Crafting a Precise Conclusion

Concluding our essay, we would assert, “Therefore, Sam does not have standing to sue Jackson to require him to remove the shed.” This conclusion uses the language of the question itself, converting it into a declaratory statement.

Common Mistakes to Avoid

When tackling essay questions, it is crucial to remain focused on the question at hand and not try to solve problems beyond its scope. Some common errors to avoid include:

• Guessing about future sub-questions or additional issues that may arise.
• Assuming permissions or actions of other parties without clear evidence.
• Including irrelevant facts, such as the awareness or knowledge of the parties involved.
• Attempting to solve broader problems beyond the specific question asked.

To excel in the Virginia Bar Exam essay section, keep these key points in mind:

• Understand the “RAC” organization format and focus on the analysis section.
• Find the relevant rules and elements necessary to address the question.
• Connect the facts of the case to the identified rules in your analysis.
• Craft a precise conclusion that directly answers the question.
• Avoid common mistakes like issue spotting and speculation beyond the question’s scope.

Preparing for the essay section of the Virginia Bar Exam requires a strategic approach to maximize your chances of success. Let’s look at some valuable tips and resources that will help you study effectively, navigate the exam, and improve your essay writing skills. Additionally, we will discuss the LexBar online course, a resource designed to help you in your exam preparation journey to the Virginia Bar Exam.

Understanding the Unique Virginia Bar Exam Structure

The Virginia Bar Exam essay section consists of separate, unrelated sub-questions under each fact pattern. Each question requires a distinct analysis and does not build upon earlier answers unless the exam question specifically says otherwise. It is essential to read each question carefully to avoid mistakenly repeating rules or analysis from earlier responses.

Virginia Bar Exam Approach: Skip, Write, Return

On exam day, adopt a skip, write, and return approach. If you encounter a question that completely stumps you, skip it and move on to the next one. Focus on answering the questions you feel confident about, providing complete and well-organized responses. Once you have addressed all the questions you can, return to the skipped ones and do your best to answer them.

As you tackle the exam questions, time management is crucial. Avoid spending too much time on questions you don’t know. It’s better to focus on completing the questions you can answer confidently and returning to the skipped ones afterward.

Embrace the Unknown

If you encounter a question you don’t know, make an educated guess by picking a side and arguing it convincingly. Avoid wishy-washy answers that try to argue both sides. You need to reach a firm conclusion.

In some cases, you may meet questions where you have no knowledge of the applicable rules. In such situations, you may need to make up a rule, then do a good analysis, and conclusion. While this isn’t an ideal strategy, it can earn you a few points. However, be cautious not to present both sides without taking a clear position. Answer confidently.

Leveraging the LexBar Online Course for the Virginia Bar Exam

The LexBar online course is an invaluable resource tailored to help you succeed on the Virginia Bar Exam essay section. The course offers a structured approach, combining quizzes, fact patterns, and true model answers to enhance your understanding and application of the material.

The LexBar course provides model answers that follow the ideal structure. Use these model answers as benchmarks to evaluate your own writing. If your organization differs from the model, make the necessary adjustments to align with the recommended format. Unlike the sample answers written by the law professors and posted online , the LexBar model answers are formatted and organized exactly how you should organize your answer.

The LexBar course offers an opportunity to submit three essays for grading. Submitting your essays allows the LexBar team to supply personalized feedback. This offers insights into areas of improvement and suggestions for enhancing your responses. Our grading is significantly more detailed and actionable than the typical essay grading from the major bar prep courses. Take advantage of this feedback to refine your writing skills and to help learn some frequently tested Virginia-specific rules.

To make the most of the LexBar course, begin the lessons between 3 to 6 weeks before your exam. This timeframe strikes a balance between allowing sufficient time for thorough preparation and avoiding rushing through the program. However, individual preferences may vary, and some students opt to start earlier or closer to the exam date. You will need about 1-hour per day for about fifteen days to complete the course. You should not try to complete LexBar in fewer than 15 days. Doing more than 1-hour (1 LexBar Lesson) per day produces less than optimal results.

Preparing for the Virginia Bar Exam essay section requires a focused and strategic approach. By understanding the unique exam structure, managing your time effectively, and leveraging resources like the LexBar online course, you can enhance your chances of success. Remember to practice writing essays using the recommended structure and seek feedback to continually improve your skills. With diligent preparation, you’ll be well on your way to conquering the essay section of the Virginia Bar Exam.

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For additional information on print and electronic resources available to you and the information on this Guide, please contact a librarian at [email protected] . 

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Virginia Bar Exam Details

Virginia Bar Exam Schedule:

Tuesday AM: Essays (5 essays, 3 hours)

Tuesday PM: Essays (4 essays + 1 section of short-answer/multiple choice, 3 hours)

Wednesday AM: MBE (100 questions, 3 hours) 

Wednesday PM: MBE (100 questions, 3 hours)

The essay portion of the Virginia bar exam is 60% of your total bar exam score and may test the following subjects:

• Business Organizations
• Creditors’ Rights
• Criminal Law
• Domestic Relations
• Federal Practice and Procedure
• Local Government Law
• Professional Responsibility
• Real and Personal Property
• Uniform Commercial Code
• Virginia Civil and Criminal Procedure (including appellate practice)
• Wills, Trusts and Estates

The MBE portion of the Virginia bar exam is 40% of your total bar exam score and tests the following subjects:

• Civil Procedure
• Constitutional Law
• Criminal Law and Procedure
• Real Property

Study Resources for the Virginia Bar Exam

There are multiple resources that provide sample questions and answers for the Virginia bar exam:

• Past Virginia bar exams are available to download from the W&L Law Scholarly Commons  and from the VBBE website . 
• The VBBE does not provide model answers per se but they do provide “ Example Ten-Point Answers ” from past exams on their website. 
• The William & Mary Law School also compiles suggested answers that have been prepared by a consortium of Virginia law professors. These may be found on the  William & Mary Law School website .
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Bar Prep Resources: Virginia

• Essay Exams

Virginia Bar Resources

Regent Law Faculty are absolutely committed to preparing students for their state's bar exam.

Members of the Law Faculty are very actively involved with the Virginia Board of Bar Examiners Professor’s meeting, held after every bar exam given in Feb. and July, and participate, along with professors of other schools, in drafting model answers for every exam.

This guide is designed to complement, and should not be used to replace a formal bar exam preparatory course or information posted for current students by the Office of Career & Alumni Services .

Additional information compiled by the Law Library about the Virginia Bar Exam is available on our Bar Preparation Resources page.

Virginia Essays - Subject Frequency Chart

Virginia Essays & Model Answers, 2011-Present

Virginia bar - helpful links.

• VA Bar Exam Index Click this link to access indexed information about the VA Bar exam, including Rules of the Board, the application process, exam day rules and procedures, post-exam information, and study resources.
• VA Rules of Professional Conduct The Virginia State Bar Professional Guidelines are available here.
• Virginia Legislation and More Virginia's Constitution, Code, and Administrative Code are available at this link. You can research Virginia legislative history here as well.
• Virginia Court System Find comprehensive information about Virginia's court system, including cases, services, forms, and programs, here.
• Virginia Supreme Court Rules VA Judicial System Website. These are the Rules of the Supreme Court of Virginia as currently effective. Amended Rules are posted when they become effective.
• Agency Law in Virginia YouTube video on Virginia agency law.
• SBA - Virginia Law Outlines The SBA maintains a bank of outlines to help students learn material for their courses and prepare for exams. These outlines are collected by the SBA during an outline drive each year. The SBA doesn’t guarantee the accuracy of the material in these outlines. Be sure to check with your professor about the rules for your final exam, as some professors forbid the use of outlines you haven’t created when taking a final exam. View and contribute here.
• Virginia Lawyers Weekly - Bar Exam Find news articles about the Virginia Bar exam in Virginia Lawyers Weekly here.
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Virginia Bar Exam details

A typical virginia bar exam is a 2-day exam.

Virginia Bar Exam information is subject to change without notice. Please verify with the Virginia Board of Bar Examiners .

Please also reference the  NCBE Covid-19 updates page  for NCBE updates and individual jurisdiction announcements.

Bar exam details

• The morning (AM) session consists of five essay questions
• The afternoon (PM) session consists of four essay questions plus the 10 multiple-choice questions
• Multistate Bar Exam (MBE), a 200-question, multiple-choice exam (100 questions in the AM, 100 questions in the PM)

Subjects tested

• Constitutional Law
• Contracts/Sales
• Criminal Law/Procedure
• Federal Civil Procedure
• Real Property

Virginia Essays

• Domestic Relations
• Professional Responsibility
• VA Civil and Criminal Procedure
• Business Organizations
• Real and Personal Property
• Creditor's Rights
• Federal Practice and Procedure 
• Criminal Law
• Local Government Law
• Uniform Commercial Code (Articles 2, 3A & 9A)
• Trusts and Estates 
• A scaled score of 85 or higher is required and must be achieved within two calendar years of the time the candidate passes the Virginia Bar Exam.

Click here to learn more about the MPRE .

The MBE score (weighted 40%) and the essay score (weighted 60%) are combined to determine if applicant has achieved a passing score of at least 140.

Reciprocity

Acceptance of mbe score.

Applicants may transfer an MBE scaled score of 133 or greater, taken within the preceding 3 years, to be able to sit for only the essay portion of the exam.

For attorney applicants who hold an active license to practice law, are in good standing, and passed the bar exam in a jurisdiction other than Virginia; no MBE score is required. These applicants can take only the essay portion of the exam and will need to achieve a minimum passing score of 64 raw points out of a possible 100.

Admission on Motion

A member in good standing of a reciprocating jurisdiction may be admitted on motion in Virginia if the applicant has engaged in the full-time active practice of law for three of the five years preceding application. Additional requirements apply.

Application for Admission without Examination with Character and Fitness Questionnaire: $2,500

Additional information

Military spouse provisional admission.

The dependent spouse of an active duty service member stationed in the Commonwealth of Virginia who has been admitted to practice law before the court of last resort of any state or territory of the United States or District of Columbia, and who meets all other requirements of Rule 1A:8, may apply to the Board for Military Spouse Provisional Admission. A Military Spouse Provisional Admission filing fee applies. This fee covers the cost of processing the Application, investigating matters contained in the applicant’s completed Character & Fitness Questionnaire, and preparing of the Character Report.

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California Bar Exam Essay Frequency Chart

Are you looking for a comprehensive California bar exam essay frequency chart? Here’s our chart of the essay subjects tested on the California bar exam through the present date. The essay chart will show you which subjects tend to be frequently tested (e.g., Professional Responsibility!) and which ones are not tested as often (e.g., Agency).  You can also get an idea of which subjects are generally tested in conjunction with another subject (which you are more likely to see with the new test format as of July 2017).

Our chart provides a more accurate representation of when subjects were tested because we have separated Corporations, Agency, and Partnership; Criminal Law and Criminal Procedure; Contract Remedies and Tort Remedies; California Civil Procedure and Federal Civil Procedure; Trusts and Wills; and the California Evidence Code and the Federal Rules of Evidence.

Key Takeaways from the California Bar Exam Essay Frequency Chart:

1. make sure you study professional responsibility..

Professional Responsibility has been tested more than 37 times since 2006 on the California essays. In addition to conflicts of interest, advertising, and fee agreements, you may see questions in the corporations context and the criminal context (e.g., duties of prosecutor). Almost every single essay asks examinees to answer according to the ABA rules as well as the California distinctions. Therefore, it is worth it to study the most highly tested California distinctions. There may be times when the ABA rule and the California rule are the same. In those instances, you should tell the examiners that the outcome would be the same under both rules.

2. Be aware of common crossover questions.

If you are aware that certain subjects are always or generally tested with another subject you will be more likely to spot all of the issues on exam day. Never read a fact pattern assuming that only one subject will be tested. Based on the chart above, some common crossover essays include:

• Community Property/Wills
• Contracts/Contract Remedies
• Corporations/Professional Responsibility

Additionally, Agency usually is tested with another subject. Because students will write five essays instead of six essays beginning with the July 2017 administration, it is highly likely that you will see more crossover essays (even though you will write one less essay you still need to study all of the subjects). Our chart tells you exactly which essay questions to review if you are struggling with certain crossover essays.

3. Even though California Civil Procedure has only been tested once, you should study it!

The Examiners tested California Civil Procedure for the first time on the July 2016 exam (three of the four questions required knowledge of California Civil Procedure). Even though the fact pattern did not state that examinees should answer according to California law, it is important to note that the case took place in California. Now that California Civil Procedure has been tested once it is likely that it will be tested again. If you have not read through this essay and the student answers, take a look at the past exams on the State Bar of California’s website.

4. It is possible for essays to test a subject more than once!

Many examinees think if a subject has been tested on one essay it will not be tested again during the exam! This is not the case. If you look at the chart you will see that the following subjects have been tested twice on the same exam: Contracts, Professional Responsibility, Federal Civil Procedure, and recently, Real Property. This is important to know so that you do not quickly dismiss issues as you read the fact patterns on exam day.

5. Review highly tested California Evidence distinctions!

Since 2006, Evidence has been tested a total of 18 times. On about half of those essays, students were asked to respond according to the California Rules of Evidence and on about half of those essays students were asked to respond according to the Federal Rules of Evidence (FRE). Thus, both the FRE and the California Evidence Code are commonly tested. It would be a mistake to assume that you do not really need to study the California evidence distinctions.

This post was written by Ambika, our California Bar Exam tutor, who has passed not only the California Bar Exam but also bar exams in New York and New Jersey!

If you are looking for a new approach, please feel free to contact us at your convenience.

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The Smart Guide to the West Virginia Bar Exam

A guide to mastering the west virginia bar exam, west virginia bar exam format.

West Virginia is a Uniform Bar Exam (UBE) jurisdiction. All UBE jurisdictions use the same 3 sections:

Multistate Bar Exam (MBE)

Multistate essay exam (mee), multistate performance test (mpt).

2 writing assignments

West Virginia Bar Exam Dates

 Feb. 2024 exam: Feb. 27-28, 2024  July 2024 exam: July 30-31, 2024

*The West Virginia Bar Exam takes place on the last Tuesday & Wednesday of February and July.

How to Prepare for the West Virginia Bar Exam

(FREE Study Guides)

Part 1: Smart Guide to MBE

Part 2: Smart Guide to MEE

Part 3: Smart Guide to MPT

Click the links above for FREE study guides covering each section of the bar exam.

Contact Info

West Virginia Board of Law Examiners City Center East, Ste. 700 B 4700 MacCorkle Ave., SE Charleston, WV 25304

Website:        http://www.courtswv.gov/ Phone:         (304) 558-7815

Frequency Charts

(FREE Charts & Statistics)

MBE Frequency Analysis

MEE Frequency Analysis

MPT Frequency Analysis

Click the links above for FREE Frequency Charts covering each section of the bar exam.

Subjects Tested on West Virginia Bar Exam

Mee essay subjects.

• Business Associations (Agency, Partnerships, Corporations, LLC’s)
• Civil Procedure
• Conflict of Laws
• Constitutional Law
• Criminal Law & Procedure
• Real Property
• Secured Transactions
• Trusts & Future Interests
• Wills & Estates

MBE Subjects

• Criminal Law & Procedure
• Real property

Minimum Passing Score

For West Virginia, the UBE minimum passing score is 270.

Jurisdiction-Specific Component

Fill Out This Form For Your PDF

Download now.

• Example Ten-point Answers
• July 2020 Second Example

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July 2022 Second Example Ten-point Answers to Virginia Essay Questions

July 2022 - question 7 – virginia bar examination.

      7. After several years of searching, Wilma and Harry Homeowners (Homeowners) found an idyllic parcel of land in the City of Chesapeake, Virginia (City), adjacent to a city park. They built their dream home there in 2010 and added a swimming pool in the backyard a year later. The city park was very large and the portion bordering their home site was remote, wooded and largely used for hiking and “wilderness” camping. Wilma and Harry loved the privacy it offered.

      In 2018, the City decided to build a baseball complex near Wilma and Harry’s home. Concerned about the possible effect the construction of the baseball complex would have on their property, Wilma and Harry engaged an engineering firm to determine any effect on their property. The engineer advised them that the City’s plans for the baseball complex would alter the drainage from the park and direct large amounts of water onto their property. In particular, he advised that there was a high probability that drainage from the baseball complex would frequently flood their garage as well as the basement of their house. In addition, the engineer predicted that their swimming pool would be in the drainage area, thus making it impossible to keep the pool in usable condition.

      Wilma, Harry and their engineer met the City building officials to advise of the potential damage to their property, and they requested that the City alter its plans so their property would not be affected. The City ignored their request, and there was no further communication with the Homeowners. After the construction was completed in 2020, the predicted flooding of their property began. The flooding has continued to the present and is especially bad during rainy periods.

      On March 1, 2022, Wilma came home for lunch and found that their truck and camper were covered with spots of yellow paint. City workers were painting lines in the parking lot of the baseball complex. It was a windy day, and the paint was being blown from the baseball complex and onto the Homeowners’ truck and camper parked on the driveway near their home.

      Wilma and Harry were furious with the City and promptly filed suit in the Chesapeake Circuit Court against the City of Chesapeake. The first count alleged that the City’s negligence in painting the parking lot on the windy day had damaged their truck and camper. The second count claimed that the City violated their constitutionally protected right to ownership and enjoyment of their home through inverse condemnation by constructing the baseball complex, and that as a result, their property was a total loss.

      The Chesapeake City Attorney responded to the suit by filing a Motion to Dismiss both claims, citing sovereign immunity, and claiming that Wilma and Harry had failed to provide any notice of their claims for damages to the City prior to filing the lawsuit.

July 2022 - QUESTION 7 – EXAMPLE ANSWER

7a. Wilma and Harry will need to show that due to the actions of the City of Chesapeake, their property has been deprived of all use. Cities, towns, and counties in Virginia may excercise emminent domain and condemn private property to be taken for public use. Just compensation must be provided to the owners of such property, and the condemnation may only be for public uses, which are interpreted narrowly, and can only be after a good faith effort to purchase the property for a reasonable price. If no agreement can be reached, the property may only then be condemned following a designated procedure to satisfy Constitutional due process. Inverse condemnation, however, occurs not when the locality has followed the above process, but rather when they have undertaken such actions that although not an outright taking of the property, it has rendered the property essentialy worthless to the owner without compensating them for it. Here, the city’s actions have caused a significant amount of water to be drained onto the property, specifically flooding the house’s garage and basement as well as rendering the swimming pool to be in an unusable condition. The fact that the house and property are so badly flooded due to the city’s actions probably means that the house is incurring significant flood damage and likely serious foundational and structural issues at least in the long term. For that reason, it is likely that Wilma and Harry can show that the city’s actions have deprived them of all use of their property, as a lot that is constantly flooded to such an extent is not useful as a home and likely not usable for any other valuable purpose. Therefore, it is likely that Wilma and Harry could prevail on an inverse condemnation claim agaisnt the City of Chesapeake.

      7b. The Court should dismiss Wilma and Harry’s negligence claim for both lack of notice and because of the City of Chesapeake’s soveriegn immunity.

      Negligence claims against cities can only proceed if the city is given 6 month’s notice of such claims. As it does not appear that Wilma and Harry have given any notice to the City of Chesapeake concerning their negligence claim agaisnt it, the city’s motion to dissmiss should be granted. Additionally, even if the notice requirements are met, the city would likely enjoy soveriegn immunity for its actions. Soveriegn immunity for towns and cities exists with respect to governmental functions, although they can be sued for negligence in proprietary functions. Governmental functions are such functions that require the excercise of governmental discretion. Some examples include actions of the police force, fire department, design of roadways, etc. Proprietary functions are those functions which are conducted primarly for the conveinence of its citizens, and include such things as maintence of roads. When an action by a city or town contains both governmental and proprietary elements, the govermental function controls and extends soveriegn immunity. Such limited waiver of soveriegn immunity for cities and towns is unlike that of counties in Virginia, which remain absolutely immune for actions in tort. When a function is deemed governmental and soveriegn immunity extends, the city will only be liable if gross negligence is shown. Operation of recreational facilities such as parks or the baseball complex shown here have been deemed to fall under soveriegn immunity. Such immunity extends even beyond the physical confines of the recreational facility, as city trash trucks hauling stuff away from a park miles away from the park have been held to be engaging in the operation of recreational facilities. Therefore, Wilma and Harry will have to show gross negligence to be successful, and nothing in the facts seems to suggest that the city was anything beyond ordinarily negligent in operation of the baseball complex. Soveriegn immunity will extend to the City of Chesapeake’s actions, and the suit will be dismissed.

      The Court should not dismiss the inverse condemnation claim. Although 6 months notice is required for suits in tort agaisnt cities in towns, there is no such requirement for inverse condemnation claims. Likewise, soveriegn immunity does not apply to the area of emminent domain as the city is constitutionally bound to provide just compensation it the owners of property it has taken, whether by traditional condemnation proceedings or inverse condemnation. For those reasons, the court should not dismiss Wilma and Harry’s inverse condemnation claim.