Relevance: Does it make it more likely than not that the material fact (in issue) is true. Relevance 401: Relevant if it makes a fact more or less probable than it would be without the evidence and if the fact is of consequence in determining the action. Relevance 402: Provision that all relevant evidence is admissible and that evidence that is not relevant is not admissible are a presupposition involved in the very conception of a rational system of evidence Relevance 403: Unfairly prejudicial. Prejudicial vs. Probative.