Under Rule 12, which of the following can be raised through a motion to dismiss?

A motion to dismiss is primarily concerned with whether the court has the authority to hear the case or if there is a legal basis for the complaint itself. Lack of jurisdiction is a fundamental issue that goes to the heart of the court's ability to adjudicate a matter. When a court does not have jurisdiction, it cannot make legal decisions regarding the case, and thus a motion to dismiss on those grounds is appropriate.

The other issues mentioned, while they may be significant during the proceedings, do not fit within the scope of a motion to dismiss. Failure to comply with discovery rules and failure to submit witness lists relate more to procedural aspects and can typically be addressed through other motions or during trial. Inadequate jury instructions are also addressed after the trial has commenced, rather than as a basis to dismiss the case entirely. Therefore, the motion to dismiss is specifically aligned with jurisdictional concerns, which makes it the correct choice in this context.