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.