MBE Question of the Day

With results from the July 2023 bar exam being released in states around the country, we will be posting several real MBE questions every week, with the answer to be posted the following day. Please feel free to email us with any questions about these, and if you were unsuccessful on the bar exam, submit your score report here for a free score report evaluation from our bar exam experts!

MBE Question of the Day

A father, who has been diagnosed with a mental disease was driving his children to an amusement park when he suddenly started
having hallucinations that his children were about to kill him. The father panicked and pulled over and kicked his children out of
his car into the middle of the highway. The children were then hit by a truck and killed instantly. The jurisdiction follows the
Durham test.
If charged with murder of his children, the father would be found not guilty by reason of insanity:

(A) Because his conduct was a product of mental illness.
(B) Because he was overcome by an irresistible impulse.
(C) Because he had a mental disease or defect and he could not conform his conduct within the requirements of
the law.
(D) Because he had a mental disease or defect and he lacked the ability to understand the nature and quality of
his act.

Answer to be posted tomorrow……