ses involving citizens from different states. However, it is also possible for the case to proceed in the California state court system, where the accident occurred. Even assuming the case is scheduled for a California state court, it is possible, under current law, for the plaintiff to have it moved to a federal court. This is possible only since the case is over the $75,000 limit. If Connie decides, however, to have the case heard in a California court, the defendant, the restaurant, may choose to move it to a federal court where judges tend to be more experienced.
Question 1: Because in a criminal case, the decision may affect the life and liberty of the defendant, the requirements are higher than in civil cases. In fact, the state (or prosecution) must prove its case beyond a reasonable doubt to the satisfaction of all the jurors. In other words, the state must overcome the presumption of innocence to win the case.
Question 2: Ex post facto refers to laws that may consider something a criminal act. But passed after the act was committed. For example, suppose someone made what is now considered a "terrorist threat" before September 11, 2002, something that the Patriot Act later considered punishable. Since there was no specific law to consider that threat a crime earlier, the defendant cannot be prosecuted for an offense that was considered a crime sometime AFTER he made the threat.
Question 3: Most of the safeguards come in the 4th and 5th Amendments to our Constitution. Among the most important safeguards are A warrant cannot be issued for a search or arrest without probable cause. Acquitted defendants cannot be tried twice for the same crime. Defendants in a criminal trial cannot be comp
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