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Gambling Governed by State Laws

State laws vary with respect to gambling

Generally, state gambling laws vary with respect to five characteristics of the gambling-related activity:


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Dominant Factor Test: Games whose outcomes are predominately determined by "chance" may violate anit-gambling laws, but games in which elements of skill, whatever they may be, predominate over the elements of chance, whatever they may be, in determining outcome may not violate that state's anti-gambling law. This question considers whether the state applies this "dominant factor," or predominance, test.

Social Gambling Allowed: Some states allow games played in a purely social context, which generally means that no player or other person, like a bookie or host, makes or earns anything in return for hosting or facilitatig the conest.

Some states distinguish betwen misdemeanor and felony gambling.

The distinction between "simple" and "aggravated" gambling also varies from state to state, often termed "gambling" versus "professional gambling." Professional gambling generally involves those who make money on the contest by being on other than equal footing with a mere player.

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