Simple English definitions for legal terms
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A straw man is a person who holds property for someone else. This is often done to hide who the real owner is. It's like a secret keeper. In the past, it was used to help people become joint owners of property. But now, it's mostly used to hide who really owns something. Straw man can also be a trick used in arguments to distract from the main point.
Definition: Straw man is a term used in property law to describe a third party who holds property temporarily for the purpose of transferring it to another person. This third party is sometimes called a "front" and is used to conceal the true owner of the property. Any transaction where a party represents another in a purchase where the property will be transferred is a straw man transaction.
For example, if a person wants to transfer land to someone else but doesn't want their identity to be known, they might use a straw man to hold the property temporarily. The straw man would then transfer the property to the intended recipient, concealing the true owner's identity.
Another example of a straw man transaction is when creating a joint tenancy. To create a joint tenancy where one joint tenant already owns an interest, the property must first be conveyed to a straw man. The straw man would then convey the interest in the property to the ultimate grantees as joint tenants.
Straw man is also a logical fallacy used in arguments. It involves misrepresenting an opponent's argument to make it easier to attack. This is done by creating a distorted or exaggerated version of the argument and then attacking that instead of the original argument.
For example, if someone argues that we should invest more in public education, a straw man response might be to say that they want to raise taxes on everyone to pay for it. This misrepresents the original argument and makes it easier to attack.
The examples illustrate the definition of straw man by showing how it can be used in property law to conceal the true owner of property and how it can be used in arguments to misrepresent an opponent's argument.