The Dominant Factor Test is what most U.S. states use in determining what is and is not a game of skill. The Dominant Factor Test was defined in the 1973 Alaskan case Morrow v. State. The four qualifications as defined by the court in Morroware:
- Participants must have a distinct possibility of exercising skill and must have sufficient data upon which to calculate an informed judgment.
- Participants must have the opportunity to exercise the skill, and the general class of participants must possess the skill.
- Skill or the competitors efforts must sufficiently govern the results.
- The standard of skill must be known to the participants, and this standard must govern the results.
What about games that have an element of chance which can be greatly reduced with a high skill level?