NBHWC PRACTICE TEST ACTUAL
EXAM PAPER 2026 QUESTIONS WITH
ANSWERS GRADED A+
◍ Delegation Doctrine.
Answer: Article 1, Section 8: Congress may assign some of its authority to
federal admin agencies
◍ DuPont v. Christopher.
Answer: facts: Defendant flew over BLANK plant under construction and
took photos of trade secrets.Issue: Can aerial photography of trade secrets be
misappropriation? Rule: Trade secrets can be protected from improper
means, even without trespass. Holding: Aerial surveillance to obtain trade
secrets = improper means → liability.
◍ Independent Administrative Agency.
Answer: created by Congress. May only be removed from their positions for
good reasons ("cause").ex. EPA, EEOC, FCC, FTC, SEC
◍ Executive Administrative Agencies.
Answer: created by the Executive branch. May be removed by the president
without cause.
◍ NFIB v. Sebelius.
Answer: Facts: Challenge to Affordable Care Act individual mandate. Issue:
Is mandate constitutional under Commerce Clause or Taxing Power? Rule:
Congress cannot compel commerce, but can impose taxes. Holding:
Mandate upheld as constitutional tax, not Commerce Clause power.
◍ Enabling Statute.
Answer: outlines administrative agency's name, its management structure,
and its powers.
,◍ Strunk v. Strunk.
Answer: Facts: Parents asked the court to allow their mentally incompetent
son to donate a kidney to his dying brother.Issue: Can a court authorize
organ donation from an incompetent person?Rule: Courts may approve
medical procedures if they are in the best interests of the incompetent
individual.Holding: Donation approved because emotional benefits to donor
outweighed risks.
◍ Cheap Escape Co v Haddox LLC.
Answer: Facts: Business dispute over obligations under a commercial
contract.Issue: Was there a valid and enforceable agreement between the
parties?Rule: Contracts require offer, acceptance, and
consideration.Holding: Court found the agreement valid and enforceable.
◍ Adminsitrative Law Judge.
Answer: government employee who oversees admin agency cases. act like a
trial court judge in a civil lawsuit.
◍ Swoboda v. Hero Decks.
Answer: Facts:Appellant sues defendant for unauthorized usage of his photo
in a baseball card set. question: Did defendant avail itself of the laws and
protections of the forum state (Louisiana)?Holding: No. The "mere
unilateral activity" of the plaintiff cannot establish requisite contact with
Louisiana.Reasoning: When a person is not within the bounds of the court,
personal jurisdiction cannot be applied w/o minimum sufficient contact.
◍ Legislative/Substantive Administrative Rule.
Answer: same force and effect as statutes made by Congress
◍ Interpretive Administrative Rule.
Answer: agency provides interpretation of what congress meant when it
passed the laws the agency is charged with enforcing. Do NOT carry the
same force as substantive/legislative administrative rules or congressional
statutes.
◍ Salmon v. Atkinson.
, Answer: Facts: Client fired attorney working under a contingency fee
agreement before the case ended.Issue: When can a discharged attorney
recover compensation?Rule: A discharged lawyer may recover the
reasonable value of services (quantum meruit) immediately.Key Takeaway:
Protects attorneys from clients terminating contracts to avoid paying fees.
◍ Procedural Administrative Rule.
Answer: identifies the process the admin agency must follow when applying
the laws made by Congress
◍ Administrative Procedures Act (APA).
Answer: Legislative admin rules must be created in accordance with the
Adminstrative Procedures Act (APA).
◍ Informal Rule-Making.
Answer: notice and comment rule making
◍ Johnson v. Cintas.
Answer: Plaintiff sues Defendant, but serves Cintas (the parent company)
Question: Is Johnson's mistake a fundamental or technical defect? Holding:
the mistake was fundamental and therefore the case was tossed
◍ Formal Rule-Making.
Answer: "Rulemaking on record"Formal public hearing
◍ Warrant Clause.
Answer: Fourth Amendment - no unreasonable search and seizures; warrants
must be based on "probable cause."
◍ Remand.
Answer: returning a case to a lower court
◍ Court Control over Admin Agencies.
Answer: Judicial Review. Admin laws may be challenged if they are
arbitrary, capricious, or not in accordance with the law.
◍ Congressional Control over Admin Agencies.
Answer: 1) Purse Strings2) Sunset Provision- terminating an agency after a
EXAM PAPER 2026 QUESTIONS WITH
ANSWERS GRADED A+
◍ Delegation Doctrine.
Answer: Article 1, Section 8: Congress may assign some of its authority to
federal admin agencies
◍ DuPont v. Christopher.
Answer: facts: Defendant flew over BLANK plant under construction and
took photos of trade secrets.Issue: Can aerial photography of trade secrets be
misappropriation? Rule: Trade secrets can be protected from improper
means, even without trespass. Holding: Aerial surveillance to obtain trade
secrets = improper means → liability.
◍ Independent Administrative Agency.
Answer: created by Congress. May only be removed from their positions for
good reasons ("cause").ex. EPA, EEOC, FCC, FTC, SEC
◍ Executive Administrative Agencies.
Answer: created by the Executive branch. May be removed by the president
without cause.
◍ NFIB v. Sebelius.
Answer: Facts: Challenge to Affordable Care Act individual mandate. Issue:
Is mandate constitutional under Commerce Clause or Taxing Power? Rule:
Congress cannot compel commerce, but can impose taxes. Holding:
Mandate upheld as constitutional tax, not Commerce Clause power.
◍ Enabling Statute.
Answer: outlines administrative agency's name, its management structure,
and its powers.
,◍ Strunk v. Strunk.
Answer: Facts: Parents asked the court to allow their mentally incompetent
son to donate a kidney to his dying brother.Issue: Can a court authorize
organ donation from an incompetent person?Rule: Courts may approve
medical procedures if they are in the best interests of the incompetent
individual.Holding: Donation approved because emotional benefits to donor
outweighed risks.
◍ Cheap Escape Co v Haddox LLC.
Answer: Facts: Business dispute over obligations under a commercial
contract.Issue: Was there a valid and enforceable agreement between the
parties?Rule: Contracts require offer, acceptance, and
consideration.Holding: Court found the agreement valid and enforceable.
◍ Adminsitrative Law Judge.
Answer: government employee who oversees admin agency cases. act like a
trial court judge in a civil lawsuit.
◍ Swoboda v. Hero Decks.
Answer: Facts:Appellant sues defendant for unauthorized usage of his photo
in a baseball card set. question: Did defendant avail itself of the laws and
protections of the forum state (Louisiana)?Holding: No. The "mere
unilateral activity" of the plaintiff cannot establish requisite contact with
Louisiana.Reasoning: When a person is not within the bounds of the court,
personal jurisdiction cannot be applied w/o minimum sufficient contact.
◍ Legislative/Substantive Administrative Rule.
Answer: same force and effect as statutes made by Congress
◍ Interpretive Administrative Rule.
Answer: agency provides interpretation of what congress meant when it
passed the laws the agency is charged with enforcing. Do NOT carry the
same force as substantive/legislative administrative rules or congressional
statutes.
◍ Salmon v. Atkinson.
, Answer: Facts: Client fired attorney working under a contingency fee
agreement before the case ended.Issue: When can a discharged attorney
recover compensation?Rule: A discharged lawyer may recover the
reasonable value of services (quantum meruit) immediately.Key Takeaway:
Protects attorneys from clients terminating contracts to avoid paying fees.
◍ Procedural Administrative Rule.
Answer: identifies the process the admin agency must follow when applying
the laws made by Congress
◍ Administrative Procedures Act (APA).
Answer: Legislative admin rules must be created in accordance with the
Adminstrative Procedures Act (APA).
◍ Informal Rule-Making.
Answer: notice and comment rule making
◍ Johnson v. Cintas.
Answer: Plaintiff sues Defendant, but serves Cintas (the parent company)
Question: Is Johnson's mistake a fundamental or technical defect? Holding:
the mistake was fundamental and therefore the case was tossed
◍ Formal Rule-Making.
Answer: "Rulemaking on record"Formal public hearing
◍ Warrant Clause.
Answer: Fourth Amendment - no unreasonable search and seizures; warrants
must be based on "probable cause."
◍ Remand.
Answer: returning a case to a lower court
◍ Court Control over Admin Agencies.
Answer: Judicial Review. Admin laws may be challenged if they are
arbitrary, capricious, or not in accordance with the law.
◍ Congressional Control over Admin Agencies.
Answer: 1) Purse Strings2) Sunset Provision- terminating an agency after a
