Lesson 1: Introduction to Law and Ethics
Lesson 1 introduces the foundational concepts of the course: the distinction between law and ethics, the different
forms of law (public, private, civil, common), the four sources of law, and the structure of the Quebec civil court
system (Trial Court, Quebec Court of Appeal, and Supreme Court of Canada). The lesson closes by defining ethics
and examining, in detail, the relationship and differences between law and ethics.
⭐ 1.1 Introduction to Law
What is Law?
KEY DEFINITION ⭐
Law is a set of rules and principles that, in a democracy, govern the conduct of society and promote
the goals of peace, order and good governance.
Laws should be in written form — if laws are not written, there is a risk of unfairness in application.
Laws are adopted by the government.
Law and Justice
Law is a set of rules to maintain order and to provide fair treatment to all. Justice is the process of applying the
law. The law is enforced by the courts, by judges, and for this reason it is important that people respect the
judges — if judges are not respected, their decisions will not be respected either. Justice has to be perceived by
the public as having been rendered fairly.
• Question to consider: do we respect the law because we have faith in the law makers, or because we fear
punishment?
• Question to consider: is the law always perceived as fair — for example, if a person cannot afford a lawyer,
are they still treated fairly under the law?
Law and Ethics — Initial Distinction
KEY CONCEPT ⭐
Law: rules adopted by the government.
Ethics: moral values — personal views on what is right and wrong. Ethical principles are not decided
by government lawmakers.
Ethical principles are society's views on appropriate behaviour and acceptable conduct, and these views change
over time. Changes in ethical beliefs help foster changes to the law, but laws are often slow to change because
lawmakers must deal with the conflicting ethical views of their constituents (e.g., young people may hold very
different views than their parents or grandparents). Changing a law may win the votes of some constituents
while losing the votes of others, which is why the process of changing a law can be very slow.
Law and Ethics — Example
EXAM EXAMPLE
Laws set out objective standards and are enforced by the courts — e.g., the law sets a minimum
wage rate applicable to all workers.
Ethical principles are subjective in nature and are not enforced by the courts — ethics asks a
, different question: is that minimum wage rate fair?
⭐ 1.2 Public, Private, Civil and Common Law
Law can be divided into public law, private law, civil law, and common law.
Private Law
KEY DEFINITION ⭐
Private Law deals with the relationship between persons. It has two specific areas:
1. Contractual responsibility: obligations in a contractual situation.
2. Non-contractual responsibility (civil liability): the duty under the law not to injure.
Public Law
KEY DEFINITION ⭐
Public Law deals with the relationship between the government acting in its official capacity and its
citizens — e.g., the duty to respect the criminal law and to comply with the Income Tax Act. Breach
of public law leads to punishment, not compensation.
Punishment under Public Law serves two purposes:
• ⭐ To punish the person for not respecting the law.
• ⭐ To send a warning message to other people, to set an example so they too do not breach Public Law.
This course only deals with issues of private law.
Civil Law vs. Common Law ⭐
In the province of Quebec, a distinction must be made between civil law and common law.
Aspect Civil Law Common Law
Jurisdiction Matters under Quebec provincial Federal laws with common
jurisdiction application across Canada; also used
in other provinces for matters under
provincial jurisdiction
Historical origin Based on the private laws used in Based on the British legal system
France prior to the 1760s;
continued to apply after Britain
took over the French colonies
Codification General principles are collected General principles of law are not
and codified into one rulebook: the codified into a civil code
Civil Code of Quebec
How lawyers/judges 1) Consult the Civil Code for 1) Look at previous court cases to
approach a legal applicable legislation. 2) If unclear, see how judges treated similar
question look at previous court cases situations. 2) If none found, look for
Lesson 1 introduces the foundational concepts of the course: the distinction between law and ethics, the different
forms of law (public, private, civil, common), the four sources of law, and the structure of the Quebec civil court
system (Trial Court, Quebec Court of Appeal, and Supreme Court of Canada). The lesson closes by defining ethics
and examining, in detail, the relationship and differences between law and ethics.
⭐ 1.1 Introduction to Law
What is Law?
KEY DEFINITION ⭐
Law is a set of rules and principles that, in a democracy, govern the conduct of society and promote
the goals of peace, order and good governance.
Laws should be in written form — if laws are not written, there is a risk of unfairness in application.
Laws are adopted by the government.
Law and Justice
Law is a set of rules to maintain order and to provide fair treatment to all. Justice is the process of applying the
law. The law is enforced by the courts, by judges, and for this reason it is important that people respect the
judges — if judges are not respected, their decisions will not be respected either. Justice has to be perceived by
the public as having been rendered fairly.
• Question to consider: do we respect the law because we have faith in the law makers, or because we fear
punishment?
• Question to consider: is the law always perceived as fair — for example, if a person cannot afford a lawyer,
are they still treated fairly under the law?
Law and Ethics — Initial Distinction
KEY CONCEPT ⭐
Law: rules adopted by the government.
Ethics: moral values — personal views on what is right and wrong. Ethical principles are not decided
by government lawmakers.
Ethical principles are society's views on appropriate behaviour and acceptable conduct, and these views change
over time. Changes in ethical beliefs help foster changes to the law, but laws are often slow to change because
lawmakers must deal with the conflicting ethical views of their constituents (e.g., young people may hold very
different views than their parents or grandparents). Changing a law may win the votes of some constituents
while losing the votes of others, which is why the process of changing a law can be very slow.
Law and Ethics — Example
EXAM EXAMPLE
Laws set out objective standards and are enforced by the courts — e.g., the law sets a minimum
wage rate applicable to all workers.
Ethical principles are subjective in nature and are not enforced by the courts — ethics asks a
, different question: is that minimum wage rate fair?
⭐ 1.2 Public, Private, Civil and Common Law
Law can be divided into public law, private law, civil law, and common law.
Private Law
KEY DEFINITION ⭐
Private Law deals with the relationship between persons. It has two specific areas:
1. Contractual responsibility: obligations in a contractual situation.
2. Non-contractual responsibility (civil liability): the duty under the law not to injure.
Public Law
KEY DEFINITION ⭐
Public Law deals with the relationship between the government acting in its official capacity and its
citizens — e.g., the duty to respect the criminal law and to comply with the Income Tax Act. Breach
of public law leads to punishment, not compensation.
Punishment under Public Law serves two purposes:
• ⭐ To punish the person for not respecting the law.
• ⭐ To send a warning message to other people, to set an example so they too do not breach Public Law.
This course only deals with issues of private law.
Civil Law vs. Common Law ⭐
In the province of Quebec, a distinction must be made between civil law and common law.
Aspect Civil Law Common Law
Jurisdiction Matters under Quebec provincial Federal laws with common
jurisdiction application across Canada; also used
in other provinces for matters under
provincial jurisdiction
Historical origin Based on the private laws used in Based on the British legal system
France prior to the 1760s;
continued to apply after Britain
took over the French colonies
Codification General principles are collected General principles of law are not
and codified into one rulebook: the codified into a civil code
Civil Code of Quebec
How lawyers/judges 1) Consult the Civil Code for 1) Look at previous court cases to
approach a legal applicable legislation. 2) If unclear, see how judges treated similar
question look at previous court cases situations. 2) If none found, look for
