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.