Legal Definitions - invocation

In law, "invocation" refers to the act of formally calling upon or referring to a specific law, rule, or authority to support an argument or justify an action. It also describes the act of actively exercising or enforcing a legal right or power.

In legal terms, invocation refers to the formal act of calling upon, asserting, or bringing into effect a specific law, right, power, or authority. It is the process of formally using or relying on something that provides a basis for action, justification, or protection.

Here are some examples to illustrate the concept of invocation:

• Imagine a person accused of a crime who, during police questioning, states, "I invoke my Fifth Amendment right to remain silent." Here, the individual is formally invoking a constitutional right, bringing it into effect to protect themselves from self-incrimination. This act immediately triggers legal protections that prevent further questioning without a lawyer present.

• Consider a situation where two countries have a dispute over fishing rights in a shared ocean area. One country might formally invoke a specific article within an international maritime treaty to support its claim and justify its actions, such as sending patrol boats to the area. By invoking the treaty article, they are formally relying on its authority to validate their position.

• In a business context, if a software company discovers that a competitor has copied its patented technology, the company might formally invoke its patent rights by sending a cease and desist letter. This action serves as a formal assertion of their legal ownership and a demand for the competitor to stop infringing on their intellectual property, initiating the process of enforcing their legal rights.