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I took the WV bar two years ago. While the bar materials say in multiple places that you need to apply West Virginia law for the MEE, that is actually not true. The bar examiners use the national MEE rubric to grade the tests, so all you need to know is the national MBE/MEE rules for purposes of the whole test.

I learned this by calling the West Virginia BarBri rep.... All of my friends who took the WV bar eventually learned the same thing through various other sources. and it sorta becomes common wisdom among most WV bar takers. In theory, you could actually be penalized for applying the WV distinctions because there is no score rubric that makes those distinctions.

Why is this the case when the WV Bar materials so clearly say otherwise? Back in the day the state was hesitant to adopt the MEE. They ultimately agreed to adopt it, but only if it would be evaluated using WV law. Unfortunately, no one cared enough to follow through to make sure that WV was actually used, so they just use the national rubric.

Strange but I promise true (unless something has changed in two years, which I don't think is the case).

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Sorry I've since thrown those books away. I certainly understand the hesitation - I'd encourage you to look into the issue and see if you can get the info from a source you trust.