bar essay frequency chart

MEE Subjects, Topics, and Frequencies

The Multistate Essay Examination (MEE®) is the essay component of the Uniform Bar Examination (UBE®). Your MEE score comprises 30% of your total UBE score. It consists of six 30-minute essays administered over 3 hours on the first day of the bar exam.

Examinees must demonstrate an understanding of fundamental legal principles, communicate efficiently in writing, and apply legal reasoning and analysis to fact patterns. Below, we summarize each subject on the MEE, detail key topics within each, and provide data on the most and least frequently tested MEE subjects.

MEE Subjects

Business associations, civil procedure, conflict of laws, constitutional law, contracts and sales, criminal law and procedure, real property, trusts and estates.

• Article 9 (secured transactions) of the Uniform Commercial Code

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MEE Subject Frequency

The National Conference of Bar Examiners (NCBE®) doesn't release which subjects it will test on any given exam. To prepare, you must study all MEE subjects even though you'll only be tested on a handful. However, the NCBE tests some subjects more frequently, so prioritize accordingly.

Note: See for yourself. The NCBE posts MEE questions and analyses from past administrations.

MEE Subject Frequency 2014-2023

The chart below shows that Civil Procedure has appeared on nearly every MEE for nearly a decade. In contrast, Criminal Law has only been tested 6 times, so it would make more sense to spend more time studying Civil Procedure.

Note: Business Associations is tested as Corporations and LLCs and Agency and Partnerships . Trusts and Estates is tested as Trusts and Future Interests and Decedents' Estates .

MEE Subjects Paired vs. Solo

Sometimes, the NCBE tests MEE subjects together in a single question. Anything is fair game. For example, Conflict of Laws is always tested with another subject, while Real Property is generally tested as a single question. See the chart below for how often subjects are tested alone or paired with another.

Business Associations covers the legal principles pertaining to corporations and partnerships, including their formation, operation, and dissolution. Key topics include:

• The roles and responsibilities of directors and officers
• Shareholder rights
• Issues related to the sale of a business
• The fiduciary duties within a corporation
• The liability that can arise in partnerships.

Business Associations is actually tested as 2 subjects on the MEE—"Agency and Partnerships" and "Corporations and LLCs." You may see these subjects tested separately or together.

Highly tested topics include:

• Duties of Directors and Officers — This is a big one. It covers the duty of care and the duty of loyalty owed by directors and officers to the corporation and its shareholders.
• Piercing the Corporate Veil — Regards when a court might hold shareholders personally liable for corporate debts, which is usually rare and happens only under specific circumstances.
• Vicarious Liability in Partnerships — Understanding how partners can be liable for the actions of other partners.
• Shareholder Rights — Includes voting rights, rights to dividends, and rights in the event of a merger or dissolution.
• Fundamentals of Agency — The principles governing the relationship between agents, principals, and third parties, are especially important in partnerships.

Civil Procedure has appeared on the MEE every year since 2014 and is the most frequently tested MEE subject. It covers the rules and procedures that courts must follow in civil cases, including how lawsuits are initiated, the steps involved in litigation, and the principles governing the jurisdiction and authority of courts. Key topics include:

• Personal jurisdictions
• Subject matter jurisdiction
• Venue selection
• Different stages of a lawsuit: pleadings, discovery, trial procedures, and post-trial motions
• Federal-state relations and conflicts, like those involving the Full Faith Credit Clause and the Erie Doctrine
• Personal Jurisdiction — When a court has the authority over the parties in the lawsuit.
• Subject Matter Jurisdiction — The court's authority to hear the type of case presented.
• Venue and Transfer of Venue — Where a case should be filed and under what circumstances it can be moved.
• Motions (especially Summary Judgment Motions) — Procedures for requesting a court to rule in a certain way.
• Appealability and Final Judgment Rule — What decisions can be appealed and when.

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Conflict of Laws, also known as Private International Law, is not evaluated independently in the US. It involves cases where the laws of different jurisdictions intersect, including determining which jurisdiction’s laws apply to a case involving cross-border elements. Key topics include:

• Choice of law
• Jurisdiction
• The recognition and enforcement of judgments from other jurisdictions

The NCBE embeds Conflict of Laws into other MEE topic areas. In other words, there are no stand-alone Conflict of Laws questions. The subject typically appears alongside family law, torts, and contracts, especially where these issues cross state or national boundaries.

• Choice of Law Rules — Determining which jurisdiction's laws apply to a case.
• Domicile — How a person's permanent home affects legal issues.
• Full Faith and Credit Clause — How and when courts must recognize the laws and judicial decisions of other states.
• Recognition of Judgments — When and how a court will enforce a judgment from another jurisdiction.
• Jurisdictional Issues — Understanding when a court has the authority to hear a case with elements in multiple jurisdictions.

Constitutional Law focuses on the interpretation and application of the US Constitution, including the structure of the federal government, the powers and limits of its branches, and the rights and liberties guaranteed to individuals.

• Principles of judicial review
• The application of constitutional principles to modern legal issues
• How constitutional rights are protected
• Conflicts between constitutional rights and governmental interests
• Individual Rights — Especially First Amendment freedoms like speech and religion.
• Separation of Powers — The division of authority among the executive, legislative, and judicial branches.
• Commerce Clause — Federal power to regulate interstate commerce.
• Equal Protection and Due Process Clauses — Protections against discrimination and unfair governmental actions.
• State Action Doctrine — When constitutional protections apply to actions by state governments.

Contracts covers the creation, interpretation, and enforcement of agreements between parties. Key topics include:

• Formation of contracts
• What happens when there's a breach
• Various defenses to contract enforcement (e.g., duress, fraud, and illegality)
• Formation of Contracts — The requirements for creating a valid contract.
• Performance and Breach — What constitutes fulfilling or breaking a contract.
• Remedies for Breach — Such as damages, specific performance, and rescission.
• Defenses to Enforcement — Including lack of capacity, duress, misrepresentation, unconscionability.
• Third-Party Rights — Including assignment of rights and delegation of duties.

Criminal Law and Procedure is a staple of the MEE, reflecting its fundamental role in the US legal system. It is tested with moderate frequency, often focusing on the elements of major crimes, defenses, and constitutional safeguards during criminal proceedings.

Criminal Law and Procedure encompasses the legal principles and rules designed to keep the public safe and deter wrongful conduct. About half of the questions in this section will focus on the constitutional rights of those accused of a crime. The other half covers the definitions of criminal offenses, the rights of the accused, and the procedural steps from investigation to trial, sentencing, and appeals. Key topics include:

• Other crimes (e.g., theft, assault)
• Inchoate offenses (attempts, conspiracy, solicitation)
• Defenses to crimes
• Constitutional protections for accused persons
• The process of criminal adjudication
• Homicide — Differentiating between degrees of murder and manslaughter based on intent and circumstances.
• Mens Rea and Actus Reus — Understanding the mental state and physical act required for a crime.
• Search and Seizure — The limits on law enforcement under the Fourth Amendment.
• Miranda Rights — Ensuring accused persons are aware of their rights under the Fifth Amendment.
• Defenses — Including insanity, self-defense, and duress, which can negate or mitigate criminal liability.

Evidence law governs the introduction of evidence presented at civil and criminal trials, specifying what information is admissible to judge the merits of a case. Ensure you answer these questions per the Federal Rules of Evidence, not your jurisdiction's rules of evidence. The presentation of evidence (objections, impeachment, etc.), hearsay, and relevancy make up over 80% of this issue. Key topics include:

• Hearsay and its exceptions
• Character evidence
• The best evidence rule
• Impeachment of witnesses

Evidence is a highly tested area on the MEE, emphasizing its critical role in legal proceedings. Exam questions often revolve around the admissibility of evidence and its impact on trial outcomes.

• Hearsay and Exceptions — Understanding what constitutes hearsay and when it can be admitted.
• Character Evidence — Knowing when evidence of a person's character is relevant and permissible.
• Impeachment — The process of challenging the credibility of a witness.
• Privileges — Recognizing when certain communications are protected from disclosure in court.

Family Law addresses legal issues related to domestic relations and family matters. In most situations, family law is tested independently. However, a Conflict of Laws problem does arise on occasion. Key topics include:

• Marriage and divorce
• Child custody and support
• Adoption and paternity
• Marital property rights
• Domestic violence protection

As with other MEE question types, examiners in the Family Law MEE tend to focus on testing a few key concepts repeatedly. Highly tested topics include:

• Marital Property — How assets and debts are divided upon divorce.
• Child Custody — Determining the best interests of the child in custody arrangements.
• Support Obligations — Establishing financial support for children and sometimes spouses post-divorce.
• Grounds for Divorce — Understanding the legal reasons and procedures for ending a marriage.

Land and all tangible improvements to it are the primary focus of real property law. You can expect a question about ownership, rights, contracts, mortgage/security devices, and titles on the MEE. Key topics include:

• Ownership rights and interests
• Land use and zoning
• Easements and covenants
• Landlord-tenant issues
• Sales and financing of real property
• Ownership and Transfer — How property rights are held and transferred.
• Easements — Rights to use another's land for a specific purpose.
• Landlord-Tenant Law — The rights and duties of landlords and tenants.
• Zoning and Land Use — Regulations affecting property development and use.

People who have been wronged in some way, whether physically or financially, can often find recourse under tort law. Intentional torts, strict responsibility, product liability, and other torts will make up the other half of the questions in this section (nuisance, defamation, invasion of privacy, etc). In this field of law, the NCBE advises you to assume the following:

• Survival actions and wrongful death claims are available where appropriate; and
• The standards for pure comparative blame and joint and several liability apply unless otherwise stated.

Tort law involves civil wrongs causing harm or injury, where the injured party may seek compensation. It covers:

• Intentional torts
• Strict liability
• Privacy torts
• Negligence — The duty of care owed, breach of that duty, causation, and damages.
• Intentional Torts — Acts committed with intent to cause harm, such as battery, assault, and false imprisonment.
• Strict Liability — Liability without fault, particularly in cases of abnormally dangerous activities or product liability.
• Defamation — Untrue statements that harm someone's reputation, including libel and slander, and the defenses to these claims.
• Privacy Torts — Including intrusion upon seclusion, public disclosure of private facts, false light, and appropriation of likeness.

The MEE will test your knowledge of trusts and estates twice a year or once every two years. Unlike other subjects, trusts and estates are typically assessed independently. Here are key topics covered in Trusts and Estates:

• Decedents’ estates
• Family protection
• Living wills and durable healthcare powers
• Trusts and future interests
• Wills — Requirements for creating a valid will, modifications, revocations, and challenges.
• Intestate Succession — How an estate is distributed in the absence of a valid will.
• Trusts — Different types of trusts, their creation, and the duties of trustees.
• Fiduciary Duties — The obligations of those who manage another's assets, including loyalty and care.

Secured Transactions

This topic pertains to the portion of the Uniform Commercial Code that regulates security interests in personal property—accepted, with minor adjustments, on a state-by-state basis.

Article 9 governs secured transactions in personal property, outlining the rules for creating and enforcing security interests in movable property, fixtures, and intangibles, such as:

• Attachment and perfection of security interests
• Priorities among competing claims
• Foreclosure and repossession procedures
• The effects of debtor default

Article 9 is a critical subject on the MEE, especially for its application in commercial and financing transactions.

• Attachment — How a security interest attaches to the collateral.
• Perfection — Steps required to give public notice of the security interest, typically through filing or possession.
• Priority — Determining the order in which competing claims against a debtor's collateral are satisfied.
• Default and Foreclosure — The rights of secured parties when a debtor defaults on an obligation.

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Frequently Asked Questions

Which mee subjects are the most difficult to learn, what are the most important topics on mee.

The most important topics on the MEE are Business Associations, Civil Procedure, and Trusts and Estates. These are, unsurprisingly, those that are tested most frequently. 

Which subjects are tested more frequently in the MEE?

The most frequently tested subjects on the MEE are, in order, Business Associations, Trusts and Estates, Civil Procedure, and Conflict of Laws.

California Bar Exam: Instructions for Essay Questions and Performance Test

Essay Questions

The instructions for the essay questions on the California Bar Exam are as follows:

• Your answer should demonstrate your ability to analyze the facts in the question, to tell the difference between material facts and immaterial facts, and to discern the points of law and fact upon which the situation turns. Your answer should show that you know and understand the pertinent principles and theories of law, their qualifications and limitations, and their relationships to each other.
• Your answer should demonstrate your ability to apply the law to the given facts and to reason in a logical manner from the premises you adopt to a sound conclusion. Do not merely show that you remember legal principles. Instead, try to demonstrate your proficiency in using and applying them to the facts.  
• If your answer contains only a statement of your conclusions, you will receive little or no credit. State fully the reasons that support your conclusions and discuss all points thoroughly.
• Your answer should be complete, but you should not volunteer information or discuss legal doctrines that are not pertinent to the resolution of the issues raised by the call of the question. 
• Unless a question expressly asks you to use California law, you should answer according to legal theories and principles of general application.

Performance Test

The instructions for the Performance Test on the California Bar Exam are as follows:  

• This performance test is designed to evaluate your ability to handle a select number of legal authorities in the context of a factual problem.
• The problem is set in the fictional State of Columbia, one of the United States. In Columbia, the intermediate appellate court is the Court of Appeal, and the highest court is the Supreme Court.
• You will have two separate sets of materials with which to work: a File and a Library. 
• The File consists of source documents containing all the facts of the case. The first document in the File is a memorandum containing the directions for the task you are to complete. The other documents in the File contain information about your case and may include some facts that are not relevant. Facts are sometimes ambiguous, incomplete, or even conflicting. As in practice, a client’s or supervising attorney’s version of events may be incomplete or unreliable. Applicants are expected to recognize when facts are inconsistent or missing and are expected to identify sources of additional facts.
• The Library contains the legal authorities needed to complete the task and may also include some authorities that are not relevant to the assigned lawyering task. The cases, statutes, regulations, or rules may be real, modified, or written solely for the purpose of this performance test. If any of them appear familiar to you, do not assume that they are precisely the same as you have read before. Read each thoroughly, as if it were new to you. You should assume that cases were decided in the jurisdictions and on the dates shown. In citing cases from the Library, you may use abbreviations and omit page references. Applicants are expected to extract from the Library the legal principles necessary to analyze the problem and perform the task. 
• In answering this performance test, you should concentrate on the materials in the File and Library. What you have learned in law school and elsewhere provides the general background for analyzing the problem; the File and Library provide the specific materials with which you must work.
• This performance test is designed to be completed in 90 minutes. Although there are no restrictions or parameters on how you apportion those 90 minutes, you should allow yourself sufficient time to thoroughly review the materials and organize your planned response before you begin writing it. Since the time allotted for this session of the examination includes two essay questions in addition to this performance test, time management is essential.   
• Do not include your actual name or any other identifying information anywhere in the work product required by the task memorandum. 
• Your performance test answer will be graded on its responsiveness to and compliance with the directions regarding the task you are to complete, as well as on its content, thoroughness, and organization.

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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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Topic 4: Multistate Essay Exam Frequency Chart (MEE Frequency Chart)

Multistate essay exam frequency chart.

As you can see from our Multistate Essay Exam frequency chart, there are six questions that appear on each MEE. You have three hours to answer these six questions (so, you should plan on dedicating about 30 minutes per question in order to finish the exam on time).

The National Conference of Bar Examiners (NCBE) lists the following subjects as potential areas of law that could be tested on the Multistate Essay Exam:

• Business Associations (Agency and Partnership; Corporations and Limited Liability Companies [LLC])
• Civil Procedure
• Conflict of Laws
• Constitutional Law
• Criminal Law and Procedure
• Real Property
• Trusts and Estates (Decedents’ Estates and Trusts and Future Interests)
• Uniform Commercial Code (Secured Transactions)

Note that in the past, the NCBE released between seven and nine questions for jurisdictions that administered the Multistate Essay Exam to choose from. So, for example, the NCBE would often release a Wills and a Trusts question just in case a state had a preference on whether to test Wills or Trusts. However, beginning in February 2014, the NCBE began only releasing six questions. Thus, at that point, jurisdictions that administered the MEE no longer had a choice over which subjects to test. Since the NCBE is in charge of administering the Multistate Essay Exam, we think the absolute best gauge of what will appear on the Multistate Essay Exam is what has appeared on the past UBE administered by the NCBE. (However, if you really want to see all of the seven to nine questions that used to be administered on the MEE, you can check out our full  Multistate Essay Exam frequency chart here .) We think it is wiser to look at this chart though!

As you can see from the chart above, the single most highly tested subject on the essay portion of the UBE is Civil Procedure. We’ve also divided up the subjects so you can see the most highly tested to least-tested subjects. Please click on the chart to open it in a new tab in a larger format!

[Note: the data below comes from the February 2011 bar exam to the most recent exam.]

Tier One:   Highly Tested Subjects on the Uniform Bar Exam (In Order of Most-to-Least Tested)

• Civil Procedure (20 full essays plus 1 combined with another subject)
• Agency and Partnership (12 full essays plus 5 combined with another subject)
• Contracts (15 full essays)
• Secured Transactions (14 full essays)
• Real Property (13 full essays)
• Corporations and LLCs (10 full essays plus 5 combined with another subject)
• Evidence (10 full essays plus 3 combined with another subject)

Tier Two: Lesser-Tested Subjects on the Uniform Bar Exam (In Order of Most-to-Least Tested)

• Trusts and Future Interests (10 full essays plus 3 combined with another subject)
• Decedents’ Estates (Wills) (9 full essays plus 4 combined with another subject)
• Constitutional Law (8 full essays plus 2 combined with another subject)
• Torts (8 full essays plus 3 combined with another subject)
• Family Law (9 full essays)

Tier Three: Least-Tested Subjects on the Uniform Bar Exam (In Order of Most-to-Least Tested)

• Criminal Procedure (7 full essays plus 2 combined with another subject)
• Criminal Law (6 full essays plus 1 combined with another subject)
• Conflict of Laws (This is usually combined with Decedents’ Estates, Family Law, Civil Procedure, or Corporations/LLCs. It is not tested on its own.) (0 full essays, 6 essays combined with another subject)

A few additional notes

• Sometimes the NCBE labels a subject “Criminal Law and Procedure” when really it is just one or the other being tested. Above, we listed the true amount of times NCBE tested those subjects.
• We started collecting data from 2011 on because that is when the first UBE was administered.
• Wondering how the July and February essay exams differ? Check out this post to see the differences !

Feel free to download the UBE chart (or email us at [email protected] if you have difficulty downloading it!). If you repost it somewhere else on the internet, we would greatly appreciate a link to this site :) ) Thank you!

Lastly, just like all subjects are not treated equally, neither are all top ics!

The NCBE tends to test certain topics within each subject more than other topics.

See this post for an overview of the highly tested MEE topics . If you are looking for an overview of the highly-tested topics on the Multistate Essay Exam, check out our MEE One-Sheets . These give you an overview of the highly tested areas of the Multistate Essay Exam in one sheet, front and back. We sell them in our online store.

Go to the next topic, Topic 5: Highly Tested MEE Topics .

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