Case 1: Bergen County's blue laws back in effect Posted: Nov 16,2012 9:38 PM EST Updated: Dec 14, 2012 9:38 PM EST By MYFOX NEWYORK STAFF MYFOXNY.COM New Jersey Gov. Chris Christie hasreinstated the so-called blue laws in Bergen County. That means thelaws will be back in effect for this Sunday, November 18, 2012. Thecounty executive had asked the governor to temporarily rescind theblue laws, which restrict most business from being open on Sundays,in the aftermath of Superstorm Sandy so that residents could shopfor essential items. Bergen County has by referendum become thelast county in New Jersey to retain the Sunday Closing Law,N.J.S.A. 2A:171-5.8 et seq. The Bergen County Blue Law were enactedin the 1950s. The Sunday Closing Law makes it unlawful for anyperson, firm, partnership or corporation to sell, or offer to sellor the engage in the business of selling clothing or wearingapparel; building and lumber supply materials; furniture; home,business or office furnishings; and household, business or officeappliances. It should be noted that the so-called “flea markets”are within the purview of the Sunday Closing Law and are the mostcommon violators of this law. “Garage Sales” are not includedbecause they are isolated transactions. The definition of sellingis very broad and includes agreements to transfer ownership evenwhen no money changes hands and the delivery is set for a futuredate. It also includes describing or extolling merchandise whilethe seller is in personal contact with the buyer, such as at afashion show. It does not include advertising or window displays ofmerchandise not available for purchase. A single sale of an articleof merchandise to any one customer or a single offer to sell anarticle of merchandise to any one prospective customer, shall bedeemed to be a separate and distinct violation of the Act. The Actallows complaints to be signed against the business owner as wellas the employees. True or False. If false leave an explanation onwhy it's false 1. A legal positivist would say that, if the BergenCounty Blue Law was validly enacted and clearly proscribe the ruleswhich Bergen County residents should follow, the Blue Law should beenforced and obeyed. 2. A proponent of the natural law school oflaw would support the enforcement of the Bergen County blue law,because it has been in effect for a substantial period of time, hasworked well in the view of the citizens who voted to retain them,and provides a good model to be followed. 3. Individuals followingthe historical school of law would advocate the abandonment ofBergen County’s blue law, because it restricts economic freedom andthe right to own and dispose of property. 4. In determining whetherto enforce the Bergen County Blue Law, the legal realist school oflaw would examine whether it diminishes secularization of Americanlife, conflicts with society’s consumer orientation, counterbalances the political influence of business, and interferes withthe strong interest of consumers to shop on Sundays. 5. Under actutilitarianism, the reinstatement of Bergen County Blue Law isethical if the bad overall consequences to all those affectedoutweigh the good overall consequences to all those affected.