Courts -- United States; Trial practice -- United States
The efficient administration of these co-operative Corporations being
demonstrated by their financial success, makes it unnecessary to
dwell upon the details of their intensely developed organization.
Existing as they do upon so broad a comprehension of the whole
commercial and social structures, it is little wonder that they have
proven their value to the community. Their highly specialized
departments of Issues, Investigation, Statutory Law, Records,
Determination and Results correspond in a measure to the former method
of procedure in the extinct courts of law and equity. Times have
indeed changed.
The analogy between the present methods and the antiquated and
conventionalized customs of those cumbersome and inadequate
institutions is not difficult to find. The department of Issues, for
example, corresponds to what was known as the pleadings in an action.
These were formerly bits of paper governed as to form by inflexible
rules, instead of the efficient method by which under the trained
managers of able minds the matters in dispute, either of fact or law,
are now narrowed down to exact points of difference. Naturally the
methods of their managers being untrammelled by outside rules and they
being men of wide experience and tact, the work of this department is
not as difficult as at the first commencement of Judicial Corporations
was anticipated.
The departments of Investigation and Experts correspond with the
former division of court trials known as evidence and testimony. Any
explanation would be futile of this branch of a forgotten formalism.
The ancient rules of evidence and court procedure could only be
understood by contemporaries and an extensive research has failed to
disclose very clear concepts even by them. The modern methods of the
departments governing the ascertainment of facts, either through the
experience of the departmental employees or the efficient work of
trained investigators, have naturally been much aided by the invention
of the Viviphone making all communication adequate and easy.
The departments of Statutory Law and Records even yet retain certain
characteristics of a period when judicial officers and clerks
represented to the public mind the embodiment of what was known as
"Red Tape," a true colloquialism descriptive of the attitude of
official conservatism. These departments being governed according to
the latest bibliographical methods are of merely supplemental value as
reference. The Simplification and National Unification of Federal and
State statutes has, of course, added greatly to the facility of this
branch of the business.
Public-domain text, read in full here on John Shaqi.
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