Definition: In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Input: has sixty days after the judgment to file a notice of appeal. Fed. R.App. P. 4(a)(1)(B). Although the parties no longer contest the timeliness of this appeal, the timely filing of an appeal is "mandatory and jurisdictional." Acevedo-Villalobos v. Hernandez, 22 F.3d 384, 387 (1st Cir.1994) (internal quotation marks omitted). Therefore, unless the sixty-day rule applies, we must dismiss for lack of jurisdiction. See id. (noting that court "lack[s] jurisdiction over late appeals"). The United States, its officer, or agency is a "party" to a case not only where it is a named party to the appeal, see In re Lloyd, Carr, & Co., 617 F.2d 882, 884 n. 1 (1st Cir.1980), but also where it has actively participated in the proceedings, see id.; cf. In re Serrato, 117 F.3d 427, 429 (9th Cir.1997) (<HOLDING>). This appeal encompasses challenges to two
Holding statements: (A) holding that us trustee did not become party merely by his involuntary appearance to quash a summons (B) holding that defendant did not waive his special appearance by filing a motion for new trial subject to the special appearance (C) holding that defendant did not waive special appearance (D) holding that party waived special appearance (E) holding the notice of appearance was not a motion under rule 12b2 4 or 5 and therefore the filing of the notice constituted a voluntary appearance by the defendants in this action which was the equivalent of the service of the summons upon them
Output:
(A)