
Where "chance" can easily be defined, skill remain a subjective term which compounds when law enforcement and regulators attempt to determine the level or degree of skill.
Regulations in different jurisdictions range from the application of "some" skill to "preponderance of skill".
"Some" skill would seem to start at 1% above no application of skill, whereas preponderance would seem to start at 51% on a scale of one to one hundred percent.
The determination of a skill level, a numerical assessment and assignment by law enforcement or regulators is often the difference between legal and illegal.
Where law enforcement has relied primarily upon the appearance of the device and observation of player and operator interactions, the Courts have taken a more methodic and analytical point of view.
The following aspects are requisite to a scheme where skill predominates over chance:
"Bona-Fide" is a Latin word that is defined as "in good faith, without dishonesty, fraud or deceit". A gambling device may or may not have those characteristics; a skill game must possess and exhibit those characteristics.
Certified, licensed, approved, independent testing laboratories test for these attributes.
Chance has been clearly defined as follows:
Wikipedia defines "Game of Chance" as a game whose outcome is strongly influenced by some randomizing device, and upon which contestants frequently wager money.
Common devices used include dice, spinning tops (slot machines), playing cards, roulette wheels or numbered balls drawn from a container (lottery, bingo or raffle).
Some games of chance may also involve a certain degree of skill. This is especially true where the player or players have decisions to make based upon previous or incomplete knowledge, such as poker or blackjack.
The distinction between "chance" and "skill" is relevant in most jurisdictions as games of chance are either illegal or regulated and skill games are legal and may be regulated or unregulated.
The decided cases hold that in order to be a "game of skill" the elements of skill must predominate over those of chance in determining the outcome. That general rule is set forth in the California decision, In re Allen as follows:
"The term "game of chance" has an accepted meaning established by numerous jurisdictions. Although different language is used in some of the cases in defining the term, the definitions are substantially the same."
"It is the character of the game, rather than a particular player's skill or lack of it that determines whether the game is one of chance or skill."
"The test is not whether the game contains an element of chance or an element of skill but which of them is the dominating factor in determining the result of the game."
Another name for a Japanese Pachislo slot machine is a "skill stop" game. This is because a button starts the game and the player pushes buttons to stop each spinning reel.
It is important to note that the maximum payout on these machines is set by the operator, so no matter how skilled you are, you can't beat a Pachislo game any more than you can a traditional slot machine.
The illusion of skill is not sufficient to reclassify a "gambling device" as a game of skill.