Legal Definitions - dictum page

A dictum page refers to the specific page number within a court's written opinion where a statement, observation, or comment made by a judge can be found, which is *not* essential to the court's final decision or the legal principle it establishes. These non-binding statements are known as obiter dictum (or simply dictum).

When legal professionals cite a court case, they often need to direct readers to a precise location within the opinion. If they are referring to a judge's remark that offers an interesting perspective or a hypothetical scenario but does not form part of the binding legal precedent (the ratio decidendi), they will use a "pinpoint citation" to indicate the exact "dictum page" where that particular statement appears. This practice helps distinguish between the parts of an opinion that are legally binding and those that are merely persuasive or illustrative.

• Example 1: Appellate Brief
  

  A lawyer is drafting an appellate brief to argue a novel point of law. While researching, they find an older Supreme Court case where a justice, in a concurring opinion, mused about the potential future implications of a new technology, even though that discussion was not central to the case's outcome. The lawyer believes this insightful, albeit non-binding, comment could be persuasive to the appellate court. To reference this specific observation, the lawyer includes a citation that points directly to page 789 of the Supreme Court Reporter, where the justice's remarks begin. Page 789, in this context, is the dictum page.

• Example 2: Legal Scholarship
  

  A law professor is writing an article for a legal journal analyzing the historical development of contract law. In a foundational 19th-century case, the presiding judge included a lengthy footnote speculating on how the principles discussed might apply to international trade, a topic not directly at issue in the domestic dispute before the court. The professor wants to highlight this early foresight. When citing this specific footnote in their article, they provide a pinpoint citation to page 234 of the case reporter, identifying it as the dictum page where the judge's speculative comments can be found.

• Example 3: Trial Court Argument
  

  During a trial, a prosecutor is making an argument about public policy implications related to a new statute. They recall a recent appellate court decision where a judge, in a dissenting opinion, made a strong moral argument about the importance of community safety, even though the dissent's reasoning was not adopted by the majority. The prosecutor wants to quote this powerful statement to sway the jury. When presenting this quote, they cite the specific page 45 of the appellate reporter where the judge's moral argument is articulated. Page 45, containing the judge's non-binding but persuasive statement, serves as the dictum page.