MBE Question of the Day – Answer
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 – Answer
(D) is correct
Issue: Whether the student was justified in using deadly force.
Rule: A person may use deadly force only if (i) they are confronted with unlawful force, (ii)
they are without fault, and (iii) they reasonably believe that they are faced with a threat of
imminent death or great bodily harm. Deadly force is force that is likely to cause death or serious
bodily injury.
they are without fault, and (iii) they reasonably believe that they are faced with a threat of
imminent death or great bodily harm. Deadly force is force that is likely to cause death or serious
bodily injury.
Analysis: Here, the student was faced with unlawful force, is without fault, and reasonably
believed that the bully was going to shoot him, based both on the bully’s earlier claims and the
bully’s brandishing of a gun. The fact that the gun was unloaded does not make the student’s fear
unreasonable, and thus the shooting of the bully will likely be determined to be self defense.
believed that the bully was going to shoot him, based both on the bully’s earlier claims and the
bully’s brandishing of a gun. The fact that the gun was unloaded does not make the student’s fear
unreasonable, and thus the shooting of the bully will likely be determined to be self defense.
(D) is correct because the student was justified in his use of deadly force since he reasonably
believed he was about to be killed.
believed he was about to be killed.
(A) is incorrect because the student acted in self-defense. Deadly force is justified under
these circumstances.
these circumstances.
(B) is incorrect because the issue isn’t provocation, it is self-defense. Remember that
voluntary manslaughter is murder that results from adequate provocation. Here there was no
provocation – the student believed that he was about to be killed and used force to defend
himself, not because he was provoked.
voluntary manslaughter is murder that results from adequate provocation. Here there was no
provocation – the student believed that he was about to be killed and used force to defend
himself, not because he was provoked.
(C) is incorrect because there was no negligence – involuntary manslaughter is when a death
occurs as the result of defendant’s gross or criminal negligence.
occurs as the result of defendant’s gross or criminal negligence.