Hi folks!
This month one mexican federal court generated an interesting case law related to use of Wikipedia as source of knowledge on trials, specially in law resolutions. The tribunal that solved this was the "Tribunal Federal de Justicia Fiscal y Administrativa". This court is not the supreme court of Mexico but is the most important tribunal after that one in all the matter related to tax and administrative law and its precedents are binding for all mexican administrative authorities and al the judges on administrative and fiscal law.
The case law is the number VII-J-SS-191 and you can read it in the next link:
(only in Spanish)
http://sctj.tfjfa.gob.mx/SCJI/assembly/detalleTesis?idTesis=41716
The title is at the same time a brief of the content of the precedent, and it can be translated in this way:
*"Wikipedia".- The information that is obtained from this website can help to elucidate some controversial matter, thence the courtrooms of this tribunal may use it when ruling.*
Inside the text the court makes a fair clarication: "*It must not be the only source of knowledge in which the resolutions are based on [...] the judges must care about gathering diversity of sources of information such as specialized books, encyclopedia, including the electronic ones, [...] and others*."
Maybe is just a curiosity, but for me is ilustrative of the good reputation that our work is getting even in some closed circles as the law practice. At least in Mexico is not common to see a court quoting Wikipedia, but maybe this first precedent might change the things.
Do you know other similar case laws?
Regards!
[1] https://es.wikipedia.org/wiki/Tribunal_Federal_de_Justicia_Fiscal_y_Administ...
If the link doesn't work...
http://sctj.tfjfa.gob.mx/SCJI/html/2015/junio/acuerdos/G-25-2015_VII-J-SS-19...
2015-06-16 18:39 GMT-05:00 Salvador A salvador1983@gmail.com:
Hi folks!
This month one mexican federal court generated an interesting case law related to use of Wikipedia as source of knowledge on trials, specially in law resolutions. The tribunal that solved this was the "Tribunal Federal de Justicia Fiscal y Administrativa". This court is not the supreme court of Mexico but is the most important tribunal after that one in all the matter related to tax and administrative law and its precedents are binding for all mexican administrative authorities and al the judges on administrative and fiscal law.
The case law is the number VII-J-SS-191 and you can read it in the next link:
(only in Spanish)
http://sctj.tfjfa.gob.mx/SCJI/assembly/detalleTesis?idTesis=41716
The title is at the same time a brief of the content of the precedent, and it can be translated in this way:
*"Wikipedia".- The information that is obtained from this website can help to elucidate some controversial matter, thence the courtrooms of this tribunal may use it when ruling.*
Inside the text the court makes a fair clarication: "*It must not be the only source of knowledge in which the resolutions are based on [...] the judges must care about gathering diversity of sources of information such as specialized books, encyclopedia, including the electronic ones, [...] and others*."
Maybe is just a curiosity, but for me is ilustrative of the good reputation that our work is getting even in some closed circles as the law practice. At least in Mexico is not common to see a court quoting Wikipedia, but maybe this first precedent might change the things.
Do you know other similar case laws?
Regards!
[1] https://es.wikipedia.org/wiki/Tribunal_Federal_de_Justicia_Fiscal_y_Administ... -- *Salvador Alcántar* *@salvador_alc*
To the best of my knowledge, the US Supreme Court has yet to cite Wikipedia, but US Federal appeals courts have done so. Also, a state supreme court cited Wikipedia prominently in a decision about insurance coverage: http://abbottlawfirm.com/blog/2012/08/16/utah-supreme-court-cites-wikipedia-...
Pine On Jun 16, 2015 5:35 PM, "Salvador A" salvador1983@gmail.com wrote:
Hi folks!
This month one mexican federal court generated an interesting case law related to use of Wikipedia as source of knowledge on trials, specially in law resolutions. The tribunal that solved this was the "Tribunal Federal de Justicia Fiscal y Administrativa". This court is not the supreme court of Mexico but is the most important tribunal after that one in all the matter related to tax and administrative law and its precedents are binding for all mexican administrative authorities and al the judges on administrative and fiscal law.
The case law is the number VII-J-SS-191 and you can read it in the next link:
(only in Spanish)
http://sctj.tfjfa.gob.mx/SCJI/assembly/detalleTesis?idTesis=41716
The title is at the same time a brief of the content of the precedent, and it can be translated in this way:
*"Wikipedia".- The information that is obtained from this website can help to elucidate some controversial matter, thence the courtrooms of this tribunal may use it when ruling.*
Inside the text the court makes a fair clarication: "*It must not be the only source of knowledge in which the resolutions are based on [...] the judges must care about gathering diversity of sources of information such as specialized books, encyclopedia, including the electronic ones, [...] and others*."
Maybe is just a curiosity, but for me is ilustrative of the good reputation that our work is getting even in some closed circles as the law practice. At least in Mexico is not common to see a court quoting Wikipedia, but maybe this first precedent might change the things.
Do you know other similar case laws?
Regards!
[1]
https://es.wikipedia.org/wiki/Tribunal_Federal_de_Justicia_Fiscal_y_Administ...
*Salvador Alcántar* *@salvador_alc* _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
Szymon Grabarczuk (Tar Lócesilion) - made a study how many times Wikipedia was cited in Polish courts, by browsing public database of courts' decissions:
https://depot.ceon.pl/handle/123456789/2232
He counted (till 2012) 223 such cases :-)
Some uses of Wikipedia by the courts are quite controversial. I mean - it may happed that someone edit or even write an article in order to use it as an argument in the court. I personally would not liked to be judged based on Wikipedia entires :-)
2015-06-17 10:49 GMT+02:00 Pine W wiki.pine@gmail.com:
To the best of my knowledge, the US Supreme Court has yet to cite Wikipedia, but US Federal appeals courts have done so. Also, a state supreme court cited Wikipedia prominently in a decision about insurance coverage:
http://abbottlawfirm.com/blog/2012/08/16/utah-supreme-court-cites-wikipedia-...
Pine On Jun 16, 2015 5:35 PM, "Salvador A" salvador1983@gmail.com wrote:
Hi folks!
This month one mexican federal court generated an interesting case law related to use of Wikipedia as source of knowledge on trials, specially
in
law resolutions. The tribunal that solved this was the "Tribunal Federal
de
Justicia Fiscal y Administrativa". This court is not the supreme court of Mexico but is the most important tribunal after that one in all the
matter
related to tax and administrative law and its precedents are binding for all mexican administrative authorities and al the judges on
administrative
and fiscal law.
The case law is the number VII-J-SS-191 and you can read it in the next link:
(only in Spanish)
http://sctj.tfjfa.gob.mx/SCJI/assembly/detalleTesis?idTesis=41716
The title is at the same time a brief of the content of the precedent,
and
it can be translated in this way:
*"Wikipedia".- The information that is obtained from this website can
help
to elucidate some controversial matter, thence the courtrooms of this tribunal may use it when ruling.*
Inside the text the court makes a fair clarication: "*It must not be the only source of knowledge in which the resolutions are based on [...] the judges must care about gathering diversity of sources of information such as specialized books, encyclopedia, including the electronic ones, [...] and others*."
Maybe is just a curiosity, but for me is ilustrative of the good
reputation
that our work is getting even in some closed circles as the law practice. At least in Mexico is not common to see a court quoting Wikipedia, but maybe this first precedent might change the things.
Do you know other similar case laws?
Regards!
[1]
https://es.wikipedia.org/wiki/Tribunal_Federal_de_Justicia_Fiscal_y_Administ...
-- *Salvador Alcántar* *@salvador_alc* _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
The Philippines' Supreme Court has, on some occasions, cited Wikipedia articles in their decisions to provide supplementary background information. Here's one example---and one that was written as early as 2005!
http://sc.judiciary.gov.ph/jurisprudence/2005/jan2005/155282.htm
(the citation is on Footnote #34, near the bottom of that page)
More examples can be found here: https://www.google.com.ph/search?q=site%3Asc.judiciary.gov.ph+wikipedia&...
There are probably more that doesn't show up on the Google search link above. This is because the Supreme Court has published the more recent decisions as PDF files. Since some of the decisions are scanned PDFs rather than true PDFs, some recent Wikipedia citations might not have been indexed (yet).
Regards from Manila, Paolo
On Wed, Jun 17, 2015 at 5:03 PM, Tomasz Ganicz polimerek@gmail.com wrote:
Szymon Grabarczuk (Tar Lócesilion) - made a study how many times Wikipedia was cited in Polish courts, by browsing public database of courts' decissions:
https://depot.ceon.pl/handle/123456789/2232
He counted (till 2012) 223 such cases :-)
Some uses of Wikipedia by the courts are quite controversial. I mean - it may happed that someone edit or even write an article in order to use it as an argument in the court. I personally would not liked to be judged based on Wikipedia entires :-)
2015-06-17 10:49 GMT+02:00 Pine W wiki.pine@gmail.com:
To the best of my knowledge, the US Supreme Court has yet to cite Wikipedia, but US Federal appeals courts have done so. Also, a state supreme court cited Wikipedia prominently in a decision about insurance coverage:
http://abbottlawfirm.com/blog/2012/08/16/utah-supreme-court-cites-wikipedia-...
Pine On Jun 16, 2015 5:35 PM, "Salvador A" salvador1983@gmail.com wrote:
Hi folks!
This month one mexican federal court generated an interesting case law related to use of Wikipedia as source of knowledge on trials, specially
in
law resolutions. The tribunal that solved this was the "Tribunal
Federal
de
Justicia Fiscal y Administrativa". This court is not the supreme court
of
Mexico but is the most important tribunal after that one in all the
matter
related to tax and administrative law and its precedents are binding
for
all mexican administrative authorities and al the judges on
administrative
and fiscal law.
The case law is the number VII-J-SS-191 and you can read it in the next link:
(only in Spanish)
http://sctj.tfjfa.gob.mx/SCJI/assembly/detalleTesis?idTesis=41716
The title is at the same time a brief of the content of the precedent,
and
it can be translated in this way:
*"Wikipedia".- The information that is obtained from this website can
help
to elucidate some controversial matter, thence the courtrooms of this tribunal may use it when ruling.*
Inside the text the court makes a fair clarication: "*It must not be
the
only source of knowledge in which the resolutions are based on [...]
the
judges must care about gathering diversity of sources of information
such
as specialized books, encyclopedia, including the electronic ones,
[...]
and others*."
Maybe is just a curiosity, but for me is ilustrative of the good
reputation
that our work is getting even in some closed circles as the law
practice.
At least in Mexico is not common to see a court quoting Wikipedia, but maybe this first precedent might change the things.
Do you know other similar case laws?
Regards!
[1]
https://es.wikipedia.org/wiki/Tribunal_Federal_de_Justicia_Fiscal_y_Administ...
-- *Salvador Alcántar* *@salvador_alc* _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
-- Tomek "Polimerek" Ganicz http://pl.wikimedia.org/wiki/User:Polimerek http://www.ganicz.pl/poli/ http://www.cbmm.lodz.pl/work.php?id=29&title=tomasz-ganicz _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
For some links to US cases citing Wikipedia, and discussing whether and when to cite Wikipedia, see my essay
https://en.wikipedia.org/wiki/Wikipedia:Final_exam_for_wikilawyers#Question_...
For a short article on a Chilean case, see
http://www.greenbag.org/v11n2/v11n2_hendrick.pdf
Regards, Newyorkbrad
On 6/17/15, Paolo B. titopao@gmail.com wrote:
The Philippines' Supreme Court has, on some occasions, cited Wikipedia articles in their decisions to provide supplementary background information. Here's one example---and one that was written as early as 2005!
http://sc.judiciary.gov.ph/jurisprudence/2005/jan2005/155282.htm
(the citation is on Footnote #34, near the bottom of that page)
More examples can be found here: https://www.google.com.ph/search?q=site%3Asc.judiciary.gov.ph+wikipedia&...
There are probably more that doesn't show up on the Google search link above. This is because the Supreme Court has published the more recent decisions as PDF files. Since some of the decisions are scanned PDFs rather than true PDFs, some recent Wikipedia citations might not have been indexed (yet).
Regards from Manila, Paolo
On Wed, Jun 17, 2015 at 5:03 PM, Tomasz Ganicz polimerek@gmail.com wrote:
Szymon Grabarczuk (Tar Lócesilion) - made a study how many times Wikipedia was cited in Polish courts, by browsing public database of courts' decissions:
https://depot.ceon.pl/handle/123456789/2232
He counted (till 2012) 223 such cases :-)
Some uses of Wikipedia by the courts are quite controversial. I mean - it may happed that someone edit or even write an article in order to use it as an argument in the court. I personally would not liked to be judged based on Wikipedia entires :-)
2015-06-17 10:49 GMT+02:00 Pine W wiki.pine@gmail.com:
To the best of my knowledge, the US Supreme Court has yet to cite Wikipedia, but US Federal appeals courts have done so. Also, a state supreme court cited Wikipedia prominently in a decision about insurance coverage:
http://abbottlawfirm.com/blog/2012/08/16/utah-supreme-court-cites-wikipedia-...
Pine On Jun 16, 2015 5:35 PM, "Salvador A" salvador1983@gmail.com wrote:
Hi folks!
This month one mexican federal court generated an interesting case law related to use of Wikipedia as source of knowledge on trials, specially
in
law resolutions. The tribunal that solved this was the "Tribunal
Federal
de
Justicia Fiscal y Administrativa". This court is not the supreme court
of
Mexico but is the most important tribunal after that one in all the
matter
related to tax and administrative law and its precedents are binding
for
all mexican administrative authorities and al the judges on
administrative
and fiscal law.
The case law is the number VII-J-SS-191 and you can read it in the next link:
(only in Spanish)
http://sctj.tfjfa.gob.mx/SCJI/assembly/detalleTesis?idTesis=41716
The title is at the same time a brief of the content of the precedent,
and
it can be translated in this way:
*"Wikipedia".- The information that is obtained from this website can
help
to elucidate some controversial matter, thence the courtrooms of this tribunal may use it when ruling.*
Inside the text the court makes a fair clarication: "*It must not be
the
only source of knowledge in which the resolutions are based on [...]
the
judges must care about gathering diversity of sources of information
such
as specialized books, encyclopedia, including the electronic ones,
[...]
and others*."
Maybe is just a curiosity, but for me is ilustrative of the good
reputation
that our work is getting even in some closed circles as the law
practice.
At least in Mexico is not common to see a court quoting Wikipedia, but maybe this first precedent might change the things.
Do you know other similar case laws?
Regards!
[1]
https://es.wikipedia.org/wiki/Tribunal_Federal_de_Justicia_Fiscal_y_Administ...
-- *Salvador Alcántar* *@salvador_alc* _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
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-- Tomek "Polimerek" Ganicz http://pl.wikimedia.org/wiki/User:Polimerek http://www.ganicz.pl/poli/ http://www.cbmm.lodz.pl/work.php?id=29&title=tomasz-ganicz _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines Wikimedia-l@lists.wikimedia.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, mailto:wikimedia-l-request@lists.wikimedia.org?subject=unsubscribe
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