Straw Man

Comprehending laws and contracts is impossible, unless we first learn the meaning of the words and phrases they contain.

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notmartha
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Straw Man

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Straw Man

See also Person, Fiction, Surety

Also, see this article exposing the fallacy of "capturing your STRAWMAN."


BIBLE

No references found.


DEFINITIONS


Black’s Law Dictionary, 1st Edition, 1891
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The Century Dictionary, an Encyclopedic Lexicon of the English Language, 1895
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Black’s Law Dictionary, 5th Edition, 1979
Stamineus homo

L. Lat. A man of straw, one of no substance, put forward as bail or surety.
Straw man or party.

A “front”; a person who is put up in name only to take part in a deal. Nominal party to a transaction; one who acts as an agent for another for the purposes of taking title to real property and executing whatever documents and instruments the principal may direct respecting the property. Person who purchases property for another to conceal identity of real purchaser.
Black’s Law Dictionary, 6th Edition, 1991
Straw man or party.

A “front”; a third party who is put up in name only to take part in a transaction. Nominal party to a transaction; one who acts as an agent for another for the purpose of taking title to real property and executing whatever documents and instruments the principal may direct respecting the property. Person who purchases property for another to conceal identity of real purchaser, or to accomplish some purpose otherwise not allowed.

Black’s Law Dictionary, 7th Edition, 1999
Stamineus homo

[Latin “man of straw”] See Straw Man
Straw man

1. A fictitious person, esp. one that is weak or flawed.
2. A tenuous and exaggerated counterargument that an advocate puts forward for the sole purpose of disproving it. Also termed straw-man argument.
3. A third party used in some transactions as a temporary transferee to allow the principal parties to accomplish something that is otherwise impermissible.
4. A person hired to post a worthless bail bond for the release of an accused.

Merriam Webster Online Dictionary
Straw Man
1 : a weak or imaginary opposition (as an argument or adversary) set up only to be easily confuted
2 : a person set up to serve as a cover for a usually questionable transaction
WEX Legal Dictionary
Straw man

1) A person to whom title to property or a business is transferred (sometimes known as a "front") for the sole purpose of concealing the true owner -- for example, a person is listed as the owner of a bar in order to conceal a criminal who cannot obtain a liquor license.
2) A fallacious argument intended to distract.
COURT CITATIONS

BRYAN v. UNITED STATES, No. 96–8422. 1998
The jury having found petitioner guilty, we accept the Government’s version of the evidence. That evidence proved that petitioner did not have a federal license to deal in firearms; that he used so-called “straw purchasers” in Ohio to acquire pistols that he could not have purchased himself; that the straw purchasers made false statements when purchasing the guns; that petitioner assured the straw purchasers that he would file the serial numbers off the guns; and that he resold the guns on Brooklyn street corners known for drug dealing. The evidence was unquestionably adequate to prove that petitioner was dealing in firearms, and that he knew that his conduct was unlawful. 8 There was, however, no evidence that he was aware of the federal law that prohibits dealing in firearms without a federal license.
State of NEW YORK, Petitioner, v. Roger BELTON. No. 80-328. 1981
The Court sets up a strawman when it claims that under the "exclusive control" approach taken by the Court of Appeals, "no search or seizure incident to a lawful custodial arrest would ever be valid; by seizing an article even on the arrestee's person, an officer may be said to have reduced that article to his 'exclusive control.' "

MISCELLANEOUS


“Fictions of law” by Randy Lee
"Beware lest any man spoil you through philosophy and vain deceit, after the tradition of men, after the rudiments of the world, and not after Christ." Colossians 2:8

Over the past five or six months, we have partially examined the foundation upon which the natural man's law is built; a foundation of fiction, likened to a house built of straw upon the sand. As Law Professor L. L. Fuller in 1930 so bluntly put it:

"The influence of the fiction extends to every department of the jurist's activity. Yet it cannot be said that this circumstance has ever caused the legal profession much embarrassment. Laymen frequently complain of the law; they very seldom complain that it is founded upon fictions." 25 Illinois Law Review, Dec. 1930 'Legal Fictions' by Univ. of Ill. Law Professor L. L. Fuller.

Fictions of law are the 'natural necessity' resulting from a humanist society of 'lawgivers' attempting, in an inverted way, to mimic Almighty God--the Only True Lawgiver. Their man-created fictions are a manifestation of humanism's explicit or implicit denial of Him. It is the direct application of this depravity which has resulted in the system of 'law' and 'philosophy' that now claims to 'rule the world.'

But, things are not always what they appear to be!! In Truth, these systems do not rule the world, for The Word and The Truth has already spoken of these things:

"And every one that heareth these sayings of Mine, and doeth them not, shall be likened unto a foolish man, which built his house upon the sand: And the rain descended, and the floods came, and the winds blew, and beat upon that house; and it fell:" Matthew 7:26-27

How does a system founded on fiction continue to stand?

The straw man's straw house--that which has been manifested as illusion of law--has in the past decade claimed more victims than Europe's Black Plague. It is a straw house built upon the sand, propped up and strengthened by the victims themselves.

The natural man's straw house is strengthened by those partaking of his natural trinity: 'recognition,' 'joinder,' and 'prosecution.' These are the props which strengthen it and save it from destruction.

A typical example of the straw man's house is the following:

"Despite repeated statements to the contrary, it is the source of the right sued upon, and not the ground upon which federal jurisdiction is founded, which determines the governing law." Handbook of the Law of Federal Courts.

In short, "the source of the right determines the governing law."

For example, when you claim to have a 'civil right' to do some thing, the federal law merchant becomes the governing law of that thing, because The Civil Rights Acts were 'created' under that law.

Another example would be in the case of 'persons.' Persons are a fictional 'creation' of the 'Roman civil law.' Therefore, when you claim the rights of a 'person,' the governing law becomes the Roman civil law of today's commercial world, to wit:

"person. An indispensable word with varied, overlapping meanings... 1. A human being. This person is the central figure in law....with rights and duties under the law. This is the person, sometimes called an individual, and often referred to in the law as a natural person... Mellinkoff's Dictionary of American Legal Usage (1992), p. 479, by David Mellinkoff (Professor of Law Emeritus, U. C. L. A.).

But when living in Truth, we see a completely different picture. A true picture devoid of illusion and grounded in Truth:

"We avoid the use of the Latin word 'Person,' because it is not Biblical, and is calculated to introduce ideas into Scripture, and thus hinder us in drawing our knowledge out of Scripture." 'The Knowledge of God' (1920), by E. W. Bullinger. page 6,

It becomes clear that 'blind ignorance' is the hinderer of that knowledge, hindering also our avoidance of the evil of 'this world' that continually seeks a host.

We are all sufferers of this malaise, at one time or another. The discomfort caused by this condition can become very painful. When the pain level from it continues to rise, we must remember:

"Yea, though I walk through the valley of the shadow of death, I will fear no evil: for Thou art with me; Thy rod and Thy staff they comfort me." Psalm 23:4

'The commercial world,' along with all of its 'glory,' is, and always has been, the ladder leading to 'the kingdoms of the world.' These kingdoms, which are the idols of fiction producing fallen minds, were offered by Satan to Our Master, and rejected by Him as an example for us:

"Again, the devil taketh Him up into an exceeding high mountain, and sheweth Him all the kingdoms of the world, and the glory of them; And saith unto Him, All these things will I give Thee, if thou wilt fall down and worship me.
Then saith Jesus unto him, Get thee hence, Satan: for it is written, Thou shalt worship the Lord thy God, and Him only shalt thou serve."
Matt 4:8-10

The 'commercial world' of fictions is the same 'world' that all Christians are mandated not to partake of. It is that 'world' that We are mandated to exercise 'due diligence' upon, and expose for all to see, for it is not of Our Father:

"For many deceivers are entered into the world, who confess not that Jesus Christ is come in the flesh. This is a deceiver and an antichrist. Look to yourselves, that we lose not those things which we have wrought, but that we receive a full reward. Whosoever transgresseth, and abideth not in the doctrine of Christ, hath not God. He that abideth in the doctrine of Christ, he hath both the Father and the Son. If there come any unto you, and bring not this doctrine, receive him not into your house, neither bid him God speed: For he that biddeth him God speed is partaker of his evil deeds." II Jn 1:7-11

Due diligence!! "Who sent you here?" "Who is the Governor of your Law?" "From Whom does the Law you follow, originate?" "In Who's Name do you come?" These are the questions all Christians must ask before giving recognition to, or joining with, anyone or anything.

Without these questions, you receive without knowing. "Ignorance of the Law is no excuse," not only in the eyes of man, but most importantly, in eyes of God. Ignorance of the Law is slothfulness when one fails to exercise due diligence.

"The hand of the diligent shall bear rule: but the slothful shall be under tribute." Proverbs 12:24

We are to follow the lighted path of The Way, The Truth and The Life--and to avoid like the plague the false ways of 'the fictionmakers,' at all times:

"How sweet are Thy words unto my taste! yea, sweeter than honey to my mouth!
Through Thy precepts I get understanding: therefore I hate every false way.
Thy word is a lamp unto my feet, and a light unto my path
." Ps 119:103-105

The winding road of commerce and its fictions is a long and dangerous path to follow in a crooked world. The straight road of The Truth is an easy path to follow when taking on His full yoke. "Let this mind be in you, which was also in Christ Jesus":

"I have given them Thy word; and the world hath hated them, because they are not of the world, even as I am not of the world. I pray not that Thou shouldest take them out of the world, but that Thou shouldest keep them from the evil.
They are not of the world, even as I am not of the world. Sanctify them through Thy truth: Thy word is truth
." John 17:14-17

"If the world hate you, ye know that it hated Me before it hated you. If ye were of the world, the world would love his own: but because ye are not of the world, but I have chosen you out of the world, therefore the world hateth you." John 15:18-19

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