Fact of consequence is determined by substantive law. “Whether a proposition is of consequence to the determination of the action is a question that is governed by the substantive law.” United States v. Hall, 653 F.2d 1002, 1005 (5th Cir. 1981).
Example - Inadmissible. “Long’s out-of-court statements are probative of why Deputy Needham went to the mobile home. However, his reasons for going there are not of consequence to the determination of the action, i.e., they do not bear on any issue involving the elements of the charged offense.” United States v. Dean, 980 F.2d 1286, 1288 (9th Cir. 1992).