Why does Finder have a different top for different locations in list view?

[Geruvah]

Some folders have this view where I have to have it sorted by Date Modified or Name by going some roundabout way:

And some do it the much preferred way:

Why does Finder do this? And is there a way to keep it to that second version. There's been absolutely no time have I liked, understood, or preferred that first one.

 

[simsaladimbamba]

can be deleted, thought images were wider than 800 pixel, but apparently are not?

 

[Geruvah]

What can be deleted? Also, yeah they were bigger than 800 because I didn't realize the screencap from a retina display would make it that huge.