Criminal law regulates conduct by individuals and is enforced by the government. Civil cases fall under civil codes, which regulate conduct between individuals or private parties. Civil litigation involves a dispute between private parties, with the government providing a forum for its settlement. This may be a hearing before a judge, or trial by jury.
In civil litigation cases, investigators may receive a subpoena and be required to give testimony. They must testify orally unless excused by the court, and they must answer questions to the best of their knowledge. 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 to 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 sue the electoral management body. A non-governmental organization may 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 prevented them from running as candidates.
Civil litigation is part of the checks-and-balances system. It provides a mechanism enabling individuals to assert their rights before a court.
