Which of the following is not listed as an affirmative defense in the material?

• A. Laches
• B. Lack of standing
• C. Res judicata
• D. Fraud

Answer: (B)

The key idea is distinguishing between affirmative defenses and jurisdictional challenges. Affirmative defenses are defenses that, if proven, defeat the plaintiff’s claim even if the plaintiff’s facts are true. They include laches (delaying too long to sue), res judicata (a claim barred by a prior final judgment), and fraud (misrepresentation used as a defense to the claim).

Lack of standing, on the other hand, is a jurisdictional issue: it means the plaintiff isn’t authorized to sue because they don’t have a stake in the outcome or the court lacks power to decide the case. When a party lacks standing, the proper response is to dismiss for lack of subject matter jurisdiction, not to defeat the claim on its merits. Because it concerns the court’s authority rather than defeating the claim itself, lack of standing is not listed as an affirmative defense in the material.