Final answer:
Courts usually favor equitable laws when there's a conflict between common and equitable laws, due to equity's ability to impose more personalized obligations. The U.S. system emphasizes judicial review and adheres to the principle of stare decisis to maintain consistency and stability in the law.
Step-by-step explanation:
When there is a conflict between Common and Equitable Laws, the courts tend to favor the principles of equity. This precedence is based on the legal maxim that "equity acts in personam," meaning equity can impose obligations on individuals that common law cannot. The adversarial judicial system derives from the common law tradition, where impartial judges or juries determine which party prevails in a court case. Under the United States common law system, there's the concept of judicial review, which allows courts to interpret the law and decide on the constitutionality of legislation and other government actions. This system contrasts with code law systems, where judges have less discretion and primarily apply the law as it is written. Additionally, the U.S. court system follows the principle of stare decisis, meaning the courts stand by past decisions to ensure consistency and stability in the law. This reliance on precedent is a core feature of the common law system.