Criminal law regulates conduct
by individuals and is enforced by the government. Some civil law matters also
pertain to individual’s responsibilities toward the State, for which they may
be held liable (usually to lesser, non-criminal penalties) through civil
proceedings, in which the evidentiary and other standards and procedures may be
less strict than in criminal matters.
Many civil cases also come
within the scope of civil codes, which regulate conduct between individuals or other
(legal) persons. Civil litigation in this instance involves a dispute between
private parties, with the government providing a forum for its settlement. This
may be a hearing before a judge or a trial by jury.
In civil litigation, witnesses
may receive a subpoena and be required to give testimony and respond to
questions. Civil cases are usually decided on a “preponderance of evidence”
standard, which is less strict than the standard of proof (“beyond a reasonable
doubt”) applied in criminal cases.
In some systems, violations of
election law are brought before a civil court by the electoral management or
policy-making body. In South Africa,
cases are brought by the Chief Electoral Officer. In other instances, civil
suits may be brought by those harmed by the electoral process. For example, a
disqualified candidate may file suit against the electoral management body. A political
party may also sue on behalf of candidates who might have been prevented from
running or who received unequal treatment. Political party members may sue
their party if it unfairly prevented them from running as candidates.
