As far as I can tell, the plan isn't to create a standardised document but rather to provide greater transparency over existing TOS.
In terms of court testing, one example is the OFT in the UK requesting that Apple make changes to its terms which were considered to be in breach of UK legislation.
I don't think the objective is to create incomprehensible terms. In fact I am confident that if most people had the time/inclination to read the TOS, they would understand them. The problem is that their length obviously puts people off, which is where the project comes in.
In terms of court testing, one example is the OFT in the UK requesting that Apple make changes to its terms which were considered to be in breach of UK legislation.
http://www.oft.gov.uk/news-and-updates/press/2009/136-09
I don't think the objective is to create incomprehensible terms. In fact I am confident that if most people had the time/inclination to read the TOS, they would understand them. The problem is that their length obviously puts people off, which is where the project comes in.